Our marriage is broken, what now?

I’ve tried working things with my husband but we have grown apart and he won’t change habits or try counseling. I received my residence with restriction a year ago and in a year from now I will need to apply to lift my restriction because we were recently married. We are still married but constantly fighting and arguing. It got bad when he punched and threw things until 3 weeks ago that he pushed me. I was scared and called the cops and left the house for my safety. As much as we want to work things out, I don’t see it happening. I don’t want to remain in an ill relationship. That being said, what are the steps I should take when it is time to apply to remove my restriction.

Asked on January 9, 2018 under Immigration Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Your first step is to get yourself to a safe place, physically and emotionally.   Since you are a victim of physical assault by your husband, you can and should make an application for a protective order.  You can get this for free through the district attorney's office in the county where you live.  If the district attorney's office is too laid back to help you, then you can still file for a private protective order or a temporary restraining order.  Either the DA's office or a legal aid group can also help you get to a women's shelter if you need a place to stay.  Once you have either a protective order or temporary restraining order, you should then make an application for a change in your status, citing domestic abuse as the basis and need for the change.


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