Q&A: Can I file to change my immigration status if my husband abandoned me?(6/29/11)


Question: I was married in 2005. My husband disappeared after two years of marriage, but legally I am still married to him. I don’t know where he is currently. I have kids but he’s not the father. I have been in the US for 11 years. Can I file for a green card even if he disappeared on me after two years? 

Answer:  Assuming your husband is US citizen or permanent resident, you may be eligible for immigrant status under battered spouse law(for abandonment).  It could be a difficult case so please consult with immigration attorney immediately.  You may also be eligible for cancellation of removal since you have been in the US for more than 10 years if you could prove extreme and unusal hardship to your qualified relatives(at least you have US born children).  Again, it is important for you to consult with immigration attorney as soon as possible.