When Marriage Is Not Enough for USA ImmigrationWhen Marriage Is Not Enough for USA Immigration
Under U.S. immigration law,immigrants may get a green card (“U.S. irreversible home”) by weding a U.S. citizen. The U.S. resident must,however under the typical course,petition U.S. Citizenship & Immigration Services (CIS,previously called “INS”) for a green card and an immigrant visa application for his/her immigrant partner based on the marriage. This procedure once completed leads to the immigrant’s attainment of U.S. permanent residency– i.e.,authorization to work and live in the U.S. on an irreversible basis. This procedure is not constantly advantageous to the immigrant– in many instances,it offers one of the most abusive methods a sponsoring spouse can exercise control over the immigrant,by holding the immigrant’s tentative migration status over her. With a masters degree or special talent,one might try to qualify in other ways:
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A commonness in practically all abusive marriages including an immigrant spouse is the risk of deportation,typically in the type of the violent U.S. person or legal long-term local spouse threatening to withdraw his/her sponsorship of the immigrant’s visa petition,not file at all,or contact CIS and lie about her in an attempt to have her deported.
Frequently,immigrants are given the demand that they either tell nobody about the abuse and consequently,let it continue,or else face deportation. This threat of deportation,a kind of serious psychological abuse,can be more terrifying to an immigrant than even the worst physical abuse imaginable. Lots of immigrants have kids and relative in the U.S. who rely on them and numerous fear returning to the country they left,for fear of social reprisal,unavoidable hardship,and/or persecution.
The Violence Against Women Act (VAWA),passed into law in 1994 and changed in 2001,supplies relief for immigrant abuse survivors. Abused immigrants who are wed to a U.S. resident or Lawful Permanent Resident or who divorced their abuser in the past 2 years may now petition by themselves for an immigrant visa and permit application,without the abuser’s understanding or approval. In this confidential procedure,CIS representatives are legally bound to avoid calling the abuser and telling him/her anything of the mistreated immigrant’s efforts to obtain a permit under VAWA. The procedure can often be completed within a year for those married to U.S. people.
This process also provides momentary security from deportation for immigrants not in deportation currently (called “delayed action status”) and renewed work permission to legal long-term residents who generally face a longer waiting duration due to visa number backlogs.
Further,the immigrant spouse does not have to appear prior to a judge (the procedure is paper driven) and s/he may leave her abuser at any time,without damage to her migration status. Even an immigrant partner who is not wed to a lawful irreversible homeowner or U.S. person but is instead married to an undocumented immigrant or an immigrant holding a short-term work or checking out visa has options under VAWA. Because VAWA was changed in 2001,now no matter the immigrant or abuser’s status,the immigrant may get legal immigration status through the new “U” visa,which permits the immigrant to ultimately get a permit if s/he has actually proven most likely or handy to be practical to a police examination of a violent criminal activity.
The above programs that abused immigrants frequently do have options. An abused immigrant does not need to continue to cope with the hazard of physical,monetary or psychological harm from an intimate partner due to the fact that of worry of being deported.