H4 EAD victim of domestic violence and not able to go back to country with kid

CALAW21

By CALAW21,
in Non-Immigrant Issues

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CALAW21 Newbie

CALAW21

Posted
Posted

Hi All,

My husband (H1) was arrested due to hitting me and threatening to kill me with a knife . There is criminal case still under review whether to file or not . It has been 2 months since the incident happened. Because this case is not moving forward my restraining order also getting dragged . As of now I am having a temporary restraining order and i am in H4 and working since having EAD in H4 . but soon my contract is going to end and i dont have much savings also . My mistake i hired a lawyer for representing me. What will happen if the case against him is going to move forward and if he ever get arrested my visa status also going to be void ? I have a kid who is 2.5 years old and us citizen . My husband would not allow me to take a kid to my country and so i cannot move too . The temporary restraining order also states i cannot move out of the county . He is not paying the rents or any other bills . What are all my options to go back to India with my kid legally . Divorce case would also drag so I dont want to open another case here since he is rich and easily can win a custody . What are all my options here ?
How long does it take for the criminal case to get convicted , As of now he is not guilty and not telling the truth too . Please advice me

 

 

 

 

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JoeF Advanced Member

JoeF

Posted
Posted

I came to know that VAWA applies to only to US citizens and not to Indians. and U visa may take more time and till I am getting it I would never be able to travel to home country . In some forums I have seen it may take up to 3 years to get it .

 

You heard wrong. Laws in this country apply to everybody in the jurisdiction.  VAWA applies to all victims of domestic violence.

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CALAW21 Newbie

CALAW21

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The things is I need to be a spouse of US citizen to be VAWA act . I checked with attorney too but she is also saying the same that i am not eligible for this . But i could be eligible for U visa if I am cooperating with police . right now I have given statement to detectives and been helping them . But I also seen that I could not evn visit to my country when I am applying for U visa and it may take up to 3 years even . I don't  have much financial income here and I don't want to stay that long here . I am not sure what are all the options here . Meanwhile if he is going to India will he get visa  stamping or visa stamping gets denied if you have a arrest record . He had been arrested on the incident and spent around 10 hours in jail . If he is not coming back and my visa status would also be void since H4 . In that case do I need courts permission to move out of the country or not needed since he would not be here in USA ?

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