H4 and abused - can she file VAWA or U visa?

[miserable]

my friend is a doctor from Africa, she is here with her husband on H4 visa and her husband is refusing to file the I-485. She has been abused several times by her husband including beating her. But she never called the police. Can she file VAWA or U visa?
thank you it is important.

[shah]

This is an important question. Unfortunately H4 visa holders cannot file VAWA because VAWA (Violence Against Women Act) applies only to spouses of US citizens and permanent residence. In order, U-visa also applies for domestic violence but there should be a police report and the victim collaborates with the authorities. In this case, your friend should call the police or should have called the police. Ask her to call us at 510 742 5887 and we shall be glad to help.

[onair]

what happens if the spouse is on EAD?

[xlnc]

my sister is married to an H1b and she is going through the same trauma. can we get help?

[shah]

my friend is a doctor from Africa, she is here with her husband on H4 visa and her husband is refusing to file the I-485. She has been abused several times by her husband including beating her. But she never called the police. Can she file VAWA or U visa?
thank you it is important.

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