need some advice for a friend

[Mary and Enrique 8]

I'm trying to gather information for a friend of a friend who is in a very difficult situation and convinced there's no way out of it. This is an immigration question way beyond my own experience/knowledge, so I thought I'd open it up to our dear VJ community...please bear with the fuzziness of the details, as I'd like to be as informed as I can be about the topic with the information I do have before approaching a very personal and delicate situation.

Our friend moved to the US with her husband after marrying in their home country. They have been married for some time, but it has become obvious that this is a very abusive relationship, and I know that there are several people who would be willing to write affidavits to support that claim. The friend feels trapped because she is only eligible for residence in the US based on her husband's status (more about that below), and she fears religious persecution in her home country in addition to not having much left there (she has a sibling who lives here now, and her parents come regularly for extended visits, so she really feels very at home here). She is convinced that her only option to keep her life here is to stay with a husband who is badly mistreating her.

I have read about women filing VAWA, but our friend's husband is not a USC, and we're assuming that neither of them has a green card. As far as we know, they came to the US via legal channels, and don't believe they've ever been out of status. Assuming they're here on nonimmigrant visas (J-1/J-2, F-1/F-2, etc) and thus expected to return eventually anyway, would that mean that her only possible eligibility to stay is by maintaining her marriage? It looks like VAWA only applies to women married to USCs or permanent residents, but I would love to know if anyone knows of a similar story with a happy ending or has any ideas for us to brainstorm. I also wonder if she can file for something on the basis of the (seemingly quite legitimate) fear of religious persecution.

Anyway, thanks for reading -- if any of you have ideas about options or resources I can pass onto my friend, I would really appreciate it. Apologies again about the lack of details -- just trying to arm myself with as much information as possible before she insists that it's hopeless.

[Inky 1,110]

Situation sucks but it sounds kind of sketchy as to if they are here legally.

If they are not a permanent resident or a USC, I dont really see how they could adjust status at all because their marriage isnt based on USC marriage or permanent resident?

[English Muffin 59]

Without knowing her exact status it's impossible to offer any advice.

[Brother Hesekiel 2,236]

If your friend is the spouse of somebody with a non-immigrant visa and received legal status based on her husband's visa, she is linked to it like a Siamese twin. It might be able to argue whether or not she is allowed to stay in the US as long as her husband after they are divorced, but when his time is up her time is definitely up as well.

To the best of my knowledge, there is no law allowing an adjustment of status for a spouse of a non-immigrant to immigrant based on issues in their marriage, and choosing the fear of "religious persecution" in her home country as the basis for political asylum seems to be a very weak as well.

So I agree with you: as of now she's trapped in this relationship. What's worse, I wonder, staying with somebody who is abusive and feel miserable 24 hours a day or move out and try to start over?

[Mary and Enrique 8]

If your friend is the spouse of somebody with a non-immigrant visa and received legal status based on her husband's visa, she is linked to it like a Siamese twin. It might be able to argue whether or not she is allowed to stay in the US as long as her husband after they are divorced, but when his time is up her time is definitely up as well.

To the best of my knowledge, there is no law allowing an adjustment of status for a spouse of a non-immigrant to immigrant based on issues in their marriage, and choosing the fear of "religious persecution" in her home country as the basis for political asylum seems to be a very weak as well.

So I agree with you: as of now she's trapped in this relationship. What's worse, I wonder, staying with somebody who is abusive and feel miserable 24 hours a day or move out and try to start over?

Thanks for taking a crack at it...I was afraid that *everyone* was going to post reprimands about my not having all the details, so I appreciate your trying to brainstorm the same way. I was wondering the same thing about making a case for staying here for the extent of his visa, even if they aren't married...I don't know whether it would be any easier for her to get back on her feet for a few months here before returning home with her head held high, but like I said, I'm just trying to familiarize myself with the landscape of her problem since my only experience with immigration has to do with AOS. Her culture does not find violence against women as shocking as ours does (she's concerned about her own family accepting the shame of a divorce), so part of me thinks that if leaving is truly what she wants to do, she may find more resources here to cope with a separation, even if she can't stay here indefinitely. Then again, maybe all of her friends are just trying to push our crazy western agenda on someone who should probably start reconciling her options against the cultural norms of her own country.

Anyway, thanks for your feedback -- I really appreciate it. I wish there were more that could be done, but I think very highly of the VJ community and figure if I don't get any good leads here, those are probably just her options, period. Which sucks, but there's something to be said for knowing!