filing an I-360

[jaydee24]

What is the name of your state (only U.S. law)? CA


My sister has been married to an US citizen for almost 8 yeasr and she still doesnt have a green card. Her husband refuses to help her obtain it. Their marriage has been very difficlut. They have 3 children. They have separated a couple of times in the past and finally they are separated again. They started the process to obtain a green card about 6 years ago but because they had marital problems and separated he didnt pursue it anymore. At some point he refused all together to help her adjust her immigration status. After so many years, she has no documents about her initiated case and/or what the status of the case is. They are currently separated again. But she keeps going back to him becasue she cannot work to support herself and the children becasue she is nto legal. She came to the US at a very young age without a passport. So in essence she was never legal her in the US.

She cannot find a job because she is not legal. He refuses to do anything about it. What rights does she have? I know that she can probably apply for an I-360 becasue he has abused her in the past. I know there are police records of her reporting that he was being violent a few years ago. I know he beat her at least once before but she never pressed charges. even when the police report was filed she didnt press charges.

What evidence would she need hold up in front on the USCIS that he was abusive? I know that even now that they are seperated again and what seems to be for good, she doesnt want him to go to jail becasue of the children.

If she pursues an I-360 would he be sent to jail? what are the repercussions for him if she filed for the I-360 without him knowing?