Shady Hollow, TX Immigration Law Firms & Lawyers

In order to adjust status from the 4th preference visa category, there would have to be a visa number available (which takes years), and the person would have to be here in unexpired, legal status.

If convicted of domestic violence, a permanent resident can lose her green card and be deported. Deportation of a permanent resident who abuses a child or an elderly or disabled person is also likely. However, you need to understand that: 1) to get the immigration authorities involved, the abuser has to be prosecuted and convicted in the criminal court; merely complaining to the Immigration authorities about your wife's behavior will do you no good; 2) when you complain to the police and tell them you want to press charges, they might find that no crime was committed; 3) even if the police agrees with you, the District Attorney's office can decline to prosecute; 4) if this happens, you may go to the Family Court and start a family offense proceedings; you do not need an attorney to do this, and there are people in the court who would help you prepare and file the paperwork; you can also call the bar association in the county where you live for a referral to an attorney who would help you without a fee; there are also many non-profit organizations that provide free legal help to victims of domestic abuse; however, only you can collect evidence that the abuse actually happened; if the Family Court finds that abuse did take place, it can give you a restraining order against your wife; you can then send the decision of the Family Court to the U.S. Immigration & Customs Enforcement asking them to start a removal proceedings against your wife; however, with only a civil court's determination, it is not likely that ICE would do anything, and, even if they would, it is even less likely that the Immigration Court would order deportation; 5) you can also file for divorce on the ground of cruel and inhumane treatment; you might be able to prepare the complaint on your own, or with help of an attorney at a non-profit organization; but taking the case all the way to the judgment is a long, difficult, and rather expensive process; if the divorce court finds that your wife abused you, you can send that determination to U.S.ICE, but, like with a Family Court's decision, the immigration authorities do not have to prosecute your wife, and it is not likely that she would be deported. So, the question is whether the acts of your wife are bad enough to make the police and the District Attorney feel that she should be prosecuted as a criminal. If not, it is not likely that the immigration authorities would prosecute her, either. I would recommend the following steps: 1) sit down and write every instance of abuse (emotional and, especially, physical) that happened, including dates and all the details you remember; think what proof do you have that these events happened, who might have witnessed them; collect all the evidence you have in one place (make sure you wife would not find it); 2) go to the District Attorney's office and ask to talk to someone in the domestic abuse unit; show that person your evidence and ask for help; 3) if the DA's office does not help, find an advocate - an attorney, a social worker, or a specialist at the non-profit organization that helps victims of domestic abuse; sometimes, your state representative or Congressman can persuade the DA's office to take a fresh look at your case; 4) whatever happens with criminal charges against your wife, do go to the Family Court and ask for a restraining order: the experience shows that an abuser will not stop the abuse no matter what you or anyone else might do; even if the police or the courts scare her, she will find ways to hurt you without being caught; the sooner you break up with the abuser, the sooner you will stop getting hurt; 5) for the same reason, consider a divorce; ask yourself: "Is there a chance that I might be happy with this person? If not, is there any good reason for us to stay together, good enough for me to endure the abuse?" If you answer "No" to these questions, file for a divorce. A decision of the Family Court granting you an order of protection for an ext

No. Your husband is not U.S. Immigration. If you are being abused, you should apply for the battered spouse petition. Battered Spouse Petition Being battered by or subject to extreme cruelty includes such matters as being the victim of an act or threatened act of violence including forceful detention which results or threatens to result in physical or mental injury. Psychological and sexual abuse or exploitation constitute acts of violence. A Battered Spouse Petition can be filed either by the battered spouse or a battered child. First, USCIS will determine if there is a prima facie case, and if so, will decide whether to approve the petition. The person who committed the abuse will neither be part of the petition or notified that the petition is being filed. If this petition is approved, then it becomes possible to file for adjustment of status to that of lawful permanent residency.