Immigration Issues/Inmigration

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Question
I am a US resident since January 2006. I have been married for 8 years to an American citizen, but he has become increasingly abusive(mentally, not physically). We have 2 children(US citizens) and I am currently pregnant with the third. I was living in Mexico, since he has a business there and he is the sole provider for the house. Two weeks ago he asked me for divorce and threatened me to go to immigration, cancel my residency because I was in Mexico and taking the kids away so I could not enter the States to look for them. I flew to the US and I am here now. I have a restriction order done by a judge here and also went to the police in Mexico to denounce his abuse. I am going to court tomorrow for the kids custody, but I am worried about the immigration part..what can I do to prevent him from taking my residency away and making me go back to Mexico?

Answer
You need to speak to an attorney about your immigration issues. I do not know your status, but if you have been married for 8 years, then I suspect you have a Permanent Resident visa without any conditional status. As such there is absolutely nothing your husband can do to your immigration status. If this is the case he is merely threatening you in a very foolish and stupid way.

If you have a Conditional Permanent Resident Visa, then even this is not final. Although his support would be required to remove the conditional status after 2 years, this can be waived if you can prove abuse and threats. Exactly the behavior you are describing. But you are not clear about your status, and as such you are not clear about your rights. You need to get an immigration attorney to help you with this. Most divorce attorney's have some knowledge about immigration issues, but not always.

Good luck.

Immigration Issues

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Alexander J. Hay

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I am a U.S. lawyer with offices in Houston, Texas and in Belize. I can answer questions on U.S. Immigration, U.S. corporate law, and Offshore Tax and Asset Planning.
If you are on an H or L visa I am NOT GOING TO ANSWER your questions since they are usually highly fact oriented, and also you have a company attorney handling the whole thing. Call your own attorney please! If you disregard this request, don't be surprised if I answer with "homework question".

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I am a U.S. attorney with offices in the United States and Belize. I have experience helping to protect assets, reduce taxes, and improve investment performance by utilizing global investment techniques.

Education/Credentials
Harvard University, A.B. degree; University of Houston Law Center, J.D. Degree; Fulbright Scholar

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