Abused spouses under H4 visas are actually at the mercy of their spouses. The VAWA petitions apply to those who are married to a US citizen and permanent resident and U Visas to those who are victims of domestic violence. But how about those who are mentally abused?

Unless there is a situation of domestic violence, the law does not presently completely protect the victims. There is an ability to obtain a work permit (EAD) as an abused spouse, but no ability to maintain status unless a separate status such as a student visa. This means that the H4 visa holder is left at the mercy of the system and cannot really be legally present in the US. Those who are emotionally abused have no way to continue a legal stay in the US!

The situation is often worsened when H1B abandons H4 visa holder and files for divorce and custody in USA as kids  are naturalized USA citizens and come under USA jurisdiction and the abused H4 visa victim is either at verge/risk of deportation or has to come on tourist visa as there is no other way an H4 visa holder can make an entry to United States. Thus it leads to another emotional trauma as protective parent is separated from the child because of not being able to sustain a legal status in USA.

We request that the law is changed to protect the H4 visa holder status on humanitarian grounds. The situation is unbearable for many.

Please change the law.