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What rights does a abused wife ( she is illegal) have?
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What rights does a abused wife ( she is illegal) have?

Ok so I have family member that is abusive to his wife! It drives the family crazy because we tell her to leave him but she says she can't. He is the only one working and so he spends all the money on beer and parties. I should mention they have 3 children ages 3,5 and 7.
I can not belive that she has no rights here. She was broght here as a child and both of her parents have passed. So you see she does not have family...just us and we are her in-laws. But we see what he is doing and we want to help...but how.
THANKS TO ALL WHOM ANSWER
Additional Details
she has called the police on him and has gotten a restrianing order on him. She does want to leave him. But she ( as any mother would be) is very afraid of losing her children. We have opened or homes,but he tells us that we can take his kids. He always telling her that she has no rights here!!! What a punk!!!
Anyways, we do not know what to do.
This is why I am asking you good folks. I am not tring to dump my family problems on you all, we truly do not know how we can help. Can he just call the immigration and have her sent to Mexico?


    




bob s
Rating
As a woman and a human being I feel for her. Keep trying.
As a legal citizen of this country I couldn't care less.
It's a lose lose situation.
Your relatives best bet would be to leave her husband. As a human being she has every right to live a peaceful and happy life. She does have the right to live
You obviously care, so keep trying to help. But you must also stand behind her and help her even if it means supporting her until she can get work. go everywhere ya'll can to get her husband to stop.
I donot hate illegals. I just would like for them to obey our laws.
I DO FEEL FOR YOUR LADY FRIEND AND GOD BLESS HER. Tell her to get out and keep her nose to the grindstone. don't let her shithead husband get away with his abuse. Abuse is abuse not matter who you are. keep on keepin' on.


Captain Feathersword
None in this country. Deportation is her safest alternative.


▪ώhiteÄırl▪®
Maybe she would be better off just going back to her home country.


mr conservative
The first positive step You could take is to confront him. What is wrong with opening Your homes to them during the time it takes for her to get other help. I could say get the priest or minister involved but from the habits You claim He has that would be a waste. Another way to handle Him is to simply kick his butt. If You are her in laws that makes you his relatives. Have Him sit down and talk about it all to him. If necessary stop Him from leaving and let Him know the continued abuse will not be tolerated. Do not try and push Your family problems off without trying to resolve them yourselves.


∞infiniti∞
Abused spouses who are married to US citizens do have a right to remain in this country.

Under the Violence Against Women Act (VAWA), the spouses and children of United States citizens or lawful permanent residents (LPR) may self-petition to obtain lawful permanent residency. The immigration provisions of VAWA allow certain battered immigrants to file for immigration relief without the abuser's assistance or knowledge, in order to seek safety and independence from the abuser.

http://immigration.findlaw.com/immigration/immigration-green-card/immigration-green-card-battered-spouse.html


Geaux LSU Tigers!!!
Rating
She has the right to go somewhere that she is legal.
She has the right to not be abused.
We, however, have the right to not have to support illegal immigrants.


IcK
You can contact your local mental health center who can get her in touch with a abused woman's shelter. They will help her get on her feet by helping find legal counsel, jobs, child-care, ect;. The sooner she gets in the better. Good luck.


novak-9
Kjerring has good point, but that doesn't applied to your case. If she has conditional green card as a spouse and domestic violence happen, she doesn't have to stay 2 years with him before "Condition" is removed. In that case Kjerring is right. In your case, she is illegal and this won't do.

Why can she leave ? She is illegal now, and she will be illegal if she left. No change. So it's not about Illegal or legal.
So there are no different between her and many other American women who get abused.
Thing is, she made her choice to stay. If you think she/children are in danger, call the authority. Other than , there are not much you can do. Just support her as much as you can.


Caleb B
The Violence Against Women Act protects women in your family members situation. I highly recommend you contact your local domestic violence agency / battered womens shelter. They will have a plethra of resources to help her, including legal advice and counseling. If you are unaware of how to contact your local domestic violence agency, you can log on to http://www.pcadv.org/, click links and resources, and you will find the link to your state coalition against domestic violence. This agency will help you find a local domestic violence center. If that fails, call the Women's Center & Shelter of Greater Pittsburgh at 412-355-7400 and ask if they will look up your local agency.


skip
The link below may be of some interest. I know it speaks of victims of crime and you would need to do further research but it is a place to start.

I know it is not a permanent solution and, as it is a new rule, I strongly advise consulting an immigration attorney for the best way to proceed.

I am opposed to illegal immigration but there are times when we must lay aside our political views and look at the real-life human picture.


ST
Rating
Well that shows how selfish her family was to bring her here illegally. It also shows how selfish she was to have kids while she is illegal and with an abusive man. That's life. She needs to go back to her country


Drixnot
Follow the link kjerring gave. That is her path to citizenship as a wife of a citizen she should be able to get a green card.


Villa
Rating
She needs to leave him and yes she has rights.


Lori K
If she's illegal, she has the right and obligation to leave this country now.


Ana C
Rating
First of all - has she filed her paperwork to become a resident?

Second, look up on google Immigration Law and Domestic Violence. There are some web sites that give you information. There is a particular article entitled "Immigration and Domestic Violence, a short guide for New York State Judges by the New York State Judicial Committee on Women in the Courts". That article is very informative and there is a regulation now where a woman can get her resident status if she has been abused and the spouse has used her alien status to keep her "in line."

I don't know where you are from but Catholic Social Services in Arizona assist persons with their immigration needs. Contact them or an attorney and make an appointment.


missy
Rating
she has all the rights that all abused people have. she can call the police...she can leave him.. and she an get a restraining order...she needs to press charges or leave him otherwise its never going to stop

ok..... is he on the birth certificate???? tell her to go and file for sole guardianship over the kids....nomatter whether she is a citizen or not those kids she has rights to. the only way he can take those kids is if he gets sole guardianship first of he proves that she is an unfit mother.


mintgirl79
Wow, she needs to leave him. Sadly she dosen't really have any rights here. It makes me mad when parents do that to kids.


Leticia D
She needs to get a lawyer and trust me she will became LEGAL in this country, just tell her she needs a good lawyer and they let her know what she needs to do to get her papers.
GOOD LUCK!!


livelife
i think she should be strong and leave that guy for her and her children. she will have a tough time but later on she will be proud of her choice. she needs to get her paperwork and more than likely she will get her recidency quick because her children are citizens and she was faced with domestic violence





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