Sister-in-Law's life in danger and need help

[rooji 25]

Hello,

 

I need a little information on what the best route is to take in the following situation. Just a bit of background information. My sister-in-law who has been married for more than 21 years in Pakistan and have been in an abusive relationship since then. She finally decided to take a step in getting out of it. She never worked or done anything for herself or her kids so this is like stepping into a whole new world for her. The problem is that her husband is abusive and dangerous and can do anything to harm her or her kids. My mother-in-law wants to get her out of there and bring her here to USA. My mother in law is a green card holder and her citizenship is due next year in February. She will apply but it will take her a year and as for my sister-in-law's situation, it might get worse in that time. We are trying to find the quickest and best option on how to bring her here base on her current situation. Basically we are trying to look for an "asylum" situation and not sure what the best route is to take since my mother in law can apply for her as well.

 

Please help guide. Thanks

 

[Crazy Cat 39,206]

Exactly how would this be an asylum case? 

[Allaboutwaiting 2,498]

Her situation does not make her eligible for asylum. The only route is your mother in law petitioning her.

Edited December 8, 2021 by Allaboutwaiting

[rooji 25]

3 minutes ago, Crazy Cat said:

Exactly how would this be an asylum case? 

I never said it is an asylum case. All I said is that it is like an "asylum" situation. I was speaking to someone who helps in cases like this and she mentioned about her applying for visit visa and then when she is here, she can apply for asylum and I am not too sure on that idea so I wanted to find out on a possible route on this.

[rooji 25]

2 minutes ago, Allaboutwaiting said:

Her situation does not make her eligible for asylum. The only route is your mother in law petitioning her.

Is there another route? I was reading about the U-nonimmigrant visas and it mentions the domestic violence as one of the qualified crime.

 

My mother-in-law applying for her daughter would take long time and that could cause her life to be in further danger.

[Crazy Cat 39,206]

 

30 minutes ago, rooji said:

I was reading about the U-nonimmigrant visas and it mentions the domestic violence as one of the qualified crime.

There is no fast way for her to immigrate to the US.  The process will, likely, take a year or more.  Be aware that she cannot enter the US as a tourist with the intent to stay and adjust status.  The Mother needs to petition her, so that she can get in line with the thousands of others already waiting.

Edited December 8, 2021 by Crazy Cat

[Allaboutwaiting 2,498]

21 minutes ago, rooji said:

Is there another route? I was reading about the U-nonimmigrant visas and it mentions the domestic violence as one of the qualified crime.

 

My mother-in-law applying for her daughter would take long time and that could cause her life to be in further danger.

Same thing with U visa: her situation does not qualify.

 

Mother in law applying is the only route.

[aaron2020 11,651]

Hi,

 

Really sorry that your sister-in-law is in a terrible situation.

 

Unfortunately, there is nothing that can be done to bring her here.

 

Once your MIL becomes a US citizen, she can file for her married daughter.  It will take 13-14 years for her to be eligible for an immigrant visa.

 

She can not come to the US and adjust status.  She will not qualify to adjust status based on any family relationship except through a US husband or US child over age 21. 

 

Really sorry, but there is nothing that can be done to bring her to the US in the near future.

[aaron2020 11,651]

40 minutes ago, rooji said:

Is there another route? I was reading about the U-nonimmigrant visas and it mentions the domestic violence as one of the qualified crime.

 

My mother-in-law applying for her daughter would take long time and that could cause her life to be in further danger.

Sorry, the U visa is for crimes in the US.

 

Domestic abuse in Pakistan would not qualify for a U visa.  

[rooji 25]

30 minutes ago, Crazy Cat said:

 

There is no fast way for her to immigrate to the US.  The process will, likely, take a year or more.  Be aware that she cannot enter the US as a tourist with the intent to stay and adjust status.  The Mother needs to petition her, so that she can get in line with the thousands of others already waiting.

I am well aware of that tourist visa which is why I posted here to see what other ways it can go.

 

The family migration is hard since the wait time is long and that could be dangerous to my sister-in-law. You mentioned that it could take a year or more, how more we are talking about? Would her current situation, if we send in evidence of her danger, can help her situation?

[aaron2020 11,651]

9 minutes ago, rooji said:

I am well aware of that tourist visa which is why I posted here to see what other ways it can go.

 

The family migration is hard since the wait time is long and that could be dangerous to my sister-in-law. You mentioned that it could take a year or more, how more we are talking about? Would her current situation, if we send in evidence of her danger, can help her situation?

It's 13-14 years for a US citizen to petition for a married child.  It's not a year.  

There is no way for her to come earlier than when her PD becomes current.  The law does not allow anyone to jump the line imposed by the Visa Bulletin.

[Boiler 43,419]

I would imagine it will be nearer 20 years. Looking that far forward is a guess, a line that is getting longer and longer.

 

Asylum is not for Domestic Violence cases, well if it was then a lot of people would qualify.

 

You only can win asylum if at least one of the reasons someone harmed or may harm you is because of your race, religion, nationality, political opinion (or a political opinion someone thinks you have), or the fact that you are part of a “particular social group.”

 

From a practical perspective to obtain a Tourist Visa seems somewhat unlikely in her situation and more importantly would take a long time, applications are backed up. And this needs urgent attention.

 

I would imagine the most realistic options are to go to a Shelter or move in with other Family members.

Edited December 8, 2021 by Boiler

[portorusa 431]

Interesting....In this article it says that it is possible to claim asylum based on domestic violence:

https://www.nolo.com/legal-encyclopedia/claiming-asylum-based-domestic-violence.html

 

[Allaboutwaiting 2,498]

4 minutes ago, portorusa said:

Interesting....In this article it says that it is possible to claim asylum based on domestic violence:

https://www.nolo.com/legal-encyclopedia/claiming-asylum-based-domestic-violence.html

 

Asylum applies just when one is persecuted either by the government or by persons or groups that the government is unwilling or unable to control because of one of five grounds: political opinion, religion, race, nationality, or membership in a particular social group.

 

So domestic violence makes someone eligible for asylum JUST IF the violence is motivated by any of those five grounds and the government is unwilling or unable to protect from the perpetrator

[portorusa 431]

Another way to escape domestic violence is fleeing to Canada. I personally know a woman who suffered abuse from her ex-husband in Russia, and police failed to protect her there. She escaped to Canada, was placed in a shelter there, given a pro-bono lawyer and in a few months was granted a protected status, and eventually obtained residency.

 

Here's an article on Canada:

https://www.fordhamilj.org/iljonline/2019/4/28/canadas-asylum-policy-falls-short-for-victims-of-domestic-violence