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  1. #1
    Can anyone help? I overstayed in 95 expecting to get AOS through my husband who had applied for his greencard(he was here since 81 as a kid,his family didnt help him).He got denied because of a late app.We were told we couldnt appeal.Anyway 10 years and 2 kids later here I am,my husband turned abusive and I am stuck!Cant go home(husband wont let me take the kids),cant get out of marriage without a job,is there anything I can do?

  2. #2
    If you are been abused in your marriage my advice is to get out. There are a lot of support groups for abused women in this country. You can call them and they will assist you. They can also get your legal help through the Women legal Society or Catholic legal Services.
    Years of abuse sometimes culminate in death or serious physical harm. Get out while you can. Good Luck

  3. #3
    Dear LegalNut, Thankyou for your advice,if only it were that simple!!I'm just needing to know if I did get the authorities involved would we all be eventually deported? Would I have any legal rights as my kids are citizens? My husband is good with the kids I couldn't move countries without him,he is their father.Could I force him out of this country if I left with the kids or would that be kidnapping? By the way we are from the same country.

  4. #4
    There are no abused women in America, only abused men !

  5. #5
    If you take the kids, not only will that be kidnapping, but just plain morally wrong.


  6. #6
    There is relief for battered spouses but the spouse must be married to a US citizen. You wont be able to get an immigration relief and if yourhusband was denied then he more than likley has a pending deportation order either on its way or arrived already.

  7. #7
    You state that you came here in 1995. You can apply for Cancellation of removal as long as you have US citizens children after 10 years of residence in the USA. All you have to show is that your removal/deportation from the USA will cause undue hardship on your kids. You dont need your husband to do that for you. 2005 will make it 10 years of residence in the USA for you.If the court agrees with you you can get a LPR from the INS . The only problem you have is that you can only apply for cancellation of removal when you are in removal proceedings. However, you can seek some legal counsel where you at.Check information for "International Institute "in your area. Any competent attorney can assist you.

  8. #8
    Dear LegalNut,Thanks again for the info!..By 'removal proceedings'do you mean a deportation notice??

  9. #9
    Removal is when you come into the USA legally but overstayed your authorized stay. Then the INS can have you removed from the country by instituting a removal proceedings agaisnt you. Most people ask for voluntary departure during removal proceedings, so they can have a clean record.if you fail to leave, the INS will then deport you from the USA. During the removal proceedings, you are entitled to certain relief like
    1. Adjustment of Status, ( I-485) ( 1-130)
    2. Cancellation of removal
    3. Convention against Torture Relief.
    There are other reliefs depending on your circumstances

  10. #10
    Just a comment...

    The advice you are getting from LegalNut is very good but be careful about the sentence "All you have to show is that your removal/deportation from the USA will cause undue hardship on your kids".

    A hardship waiver is very hard to get and will require competent legal assistance as you need to prove that the hardship you would endure would be more than other folks who are removed after living here for a long time. Financial hardship is not relevant at all - it is a case of proving that you would be worse off than another person in your similar circumstances.

    It is obtainable but not a case of "All you need to do is...."

    Just my opinion.


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