Mathis, TX Immigration Law Firms & Lawyers

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.

It will depend on several factors; his manner of entry, any filings by his parents prior to April 30, 2001, immigration violations and the exact charges for the criminal cases. If you get married, he will likely need to return to his home country and apply for the immigrant visa with a waiver for the immigration violations. Consult with an experienced immigration attorney.

I think you will be better off if you file the I-130 and enters the country as immigrant. If she enters the country as a visitor and then file the I-130, she may have the dual intent problem.