[xptr]

I met Jenna in 2006, and in January 2007 we moved in together. At the time I was under F1 status (I was a graduate student). We got married in May 2008 and I finished school in August 2008 with absolutely no luck to get a job in this horrendous recession (so far I have applied to approx. 7000 jobs and still nothing). We were forced to move with her parents and applied for my green card in December. In January she was diagnosed with Borderline Personality Disorder) and things started getting extremely crazy with her.

She secretly started cheating on me with someone she met in January and one day in February she woke up and told me I had to go back to my country. I asked for the reason and she confessed that she was cheating on me. After this she devastated me, that day I felt like my soul had left my body, but it was only the beginning of the revelation of how nasty she can be, she completely transformed herself. Regardless of me asking her to stop hurting me and think about how we could get over the cheating problem, she started doing it in an even more sadistic way, making sure that I knew that she was not coming back home at night because she was going to sleep with another. She even sent me text messages late at night saying that she would not come back home because she was staying at her lover's. My anxiety levels are at the top right now, and at this point stress is making me sick. I have tried everything to try to get her back, but I guess her mental disorder has somehow made her hate me now.

But right now I am very scared, especially about my immigration process, I don't know what to do. If I file for divorce I would become eligible for deportation as my status has not been changed yet (I haven't even got a temporary working permit yet which has made things worse financially), and I still need to sell my car which I owe to the bank, and it's not easy in the current economy crisis. I don't want to leave the divorce on her hands because now I am afraid of her and can't trust her so if I do it I have to be on top of it. I really don't know how I can release myself from this nightmare she has given me. She's now determined to force me to leave the U.S. and destroy my life in these conditions, without any remorse.

Please HELP ME!!

[lawanwadee]

File a divorce, you may file I-751 on your own but it's somewhat risky especially if you don't have sufficient evidences. Consult immigration attorney who specializes in family based visa & human rights...

[xptr]

File a divorce, you may file I-751 on your own but it's somewhat risky especially if you don't have sufficient evidences. Consult immigration attorney who specializes in family based visa & human rights...

Thank you so much,

I have indeed done my paperwork through an immigration lawyer. Nevertheless I am afraid that I cannot trust him. He has not helped to provide me with solutions to expedite my working permit, neither did he understand the rules of OPT in which I was before applying for my green card. When I went to him to explain my unfortunate circumstances, and Jenna's infidelity, he only said that she was in control of all the process and whatever decisions she made would affect me regardless of anything I did. But I simply cannot believe that the U.S. law does not have consideration for someone in my situation, my hypothesis is that he is biased somehow and is not willing to help me. I believe he knows about procedures which could be used in this case but has not mentioned them to me. I have an appointment with him on Wednesday morning, but I think I know what I will hear already. At this point I have paid already too much to this attorney and received nothing from him, and I have no more financial resources to begin paying another attorney. Any recommendations on nonprofit organizations which could help me with this are more than welcome.

Regarding the I-751, can I ask how is it different of an I-360? It seems to me that the I-751 applies when someone already has been granted a conditional green card, and at this point I don't even have that. Furthermore, with the I-751 would I need to go to biometrics again and pay the $80 for it if I have already done that?

Thank you!

[lawanwadee]

If you're not granted a conditional green card, you must file I-360. If you're already a LPR with conditional green card, you must file I-751.

The fact is it's hard to prove hardship, domestic abuse, etc. when the victim is male, and physical abuse was not in the picture. You attorney was right that no expedition can be done at this point. Filing I-360 may take about 6 months with possibility for deferred action for another 12 months.

If you have filed I-765 for work permit longer than 90 days, make an appointment to see local office, you should be able to obtain work permit first.