VAWA, Divorce Lawyers, and Your Path to Safety in Dallas County, Texas

The fear of deportation is a tactic abusers often use to maintain control over their immigrant spouses. Understanding your true vulnerability is the first step toward taking control of your future.

If I Am Married But Not a U.S. Citizen Yet, Can I Be Deported? Yes.

The decision to end a marriage in divorce is profoundly difficult, and when that decision is compelled by an abusive situation, the path forward can seem overwhelming. For an immigrant spouse of an abusive U.S. Citizen (USC) or Lawful Permanent Resident (LPR), the stakes are even higher, as your safety is often intertwined with your legal status in the United States. Unfortunately, our Dallas divorce lawyers have dealt with this situation more than you think. You are not alone, and Garcia-Windsor, P.C. knows exactly what to do in Dallas County.

At Garcia-Windsor, P.C., we understand the immense pressure and fear you may be facing. We specialize in the complex and highly sensitive process where the laws of two distinct worlds, Texas Family Law and U.S. Immigration Law, must be strategically aligned. Specifically, we guide clients through securing their Dallas County divorce while simultaneously filing for immigration relief under the Violence Against Women Act (VAWA).

This is not merely a divorce, nor is it merely an immigration petition; it is an integrated legal strategy for your safety, independence, and permanent status.

A Critical Question for Immigrant Spouses

The fear of deportation is a tactic abusers often use to maintain control over their immigrant spouses. Understanding your true vulnerability is the first step toward taking control of your future.

Q: If I am married but not a U.S. citizen yet, can I be deported?

A: Yes. Marriage alone does not grant automatic legal status or guaranteed protection from deportation.

This is a critical misconception. While marriage to a U.S. Citizen or Lawful Permanent Resident opens a path to lawful status (a Green Card), it does not serve as a shield against removal proceedings, especially if you:

• Have overstayed a visa.

• Entered the U.S. without inspection.

• Have prior deportation orders.

• Have certain criminal convictions.

For immigrant spouses trapped in an abusive relationship, this vulnerability is compounded by the abuser’s refusal to file the necessary immigration paperwork (Form I-130) or, worse, their threats to revoke a pending petition.

This is precisely where VAWA self-petitioning becomes a lifeline. An approved VAWA petition offers the applicant immediate protection from deportation (Deferred Action), work authorization, and the ability to pursue a Green Card, all without the abuser’s cooperation.

Garcia-Windsor, P.C.'s Integrated Legal Advantage

At Garcia-Windsor, P.C., we do not handle your family law case and your immigration case in isolation. Our integrated approach ensures that the strategy in one arena directly supports and reinforces the other, providing you with the strongest possible legal position and eliminating the fear of deportation.

Our services for survivors navigating a Dallas County divorce and VAWA include:

• Dual Expertise: Our team and associates possess deep knowledge of both the Texas Family Code and the Immigration and Nationality Act (INA), ensuring no element of your case is overlooked.

• Evidence Gathering: We guide you through compiling the comprehensive evidence required by USCIS, which includes demonstrating the good faith marriage, proof of battery or extreme cruelty (emotional and psychological abuse qualify), and good moral character.

• Child Protection and Derivatives: If you have unmarried children under 21, they can often be included in your VAWA petition as derivative beneficiaries, ensuring the safety and status of your entire family. We have experienced Dallas Child Custody lawyers.

• Pathway to Employment and Benefits: An approved I-360 petition often leads to the ability to file for a work permit and, eventually, the adjustment of status to a Lawful Permanent Resident (Green Card). This is your final step toward true financial and personal independence, free from the threat of removal.

If the unfortunate circumstances of domestic abuse have led you to pursue a divorce in Dallas County, know that the path to a secure and independent future is available through VAWA. Do not let the complexity of two legal systems prevent you from seeking the justice and stability you deserve. Your safety and your status are worth fighting for.

Your future of independence begins now.  Contact the compassionate and experienced Dallas divorce lawyers at Garcia-Windsor, P.C. today for a confidential consultation to discuss your Dallas County divorce, child protection from deportation and VAWA options.

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Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Every VAWA and divorce case is unique and requires consultation with a qualified attorney. Garcia-Windsor, P.C. does NOT handle immigration cases, but we do have long standing relationships with multiple immigration attorneys in the United States and Mexico.