What happens if someone is married to a green card holder (permanent resident) or a U.S. Citizen and the marriage deteriorates or falls apart before the other person obtains a green card or adjusts their status?
Family sponsored immigration forms a great part of the immigration process. When people enter into marriage certainly the hope is that the marriage lasts forever. “Until death do us part . . . ” However, statistics show that most marriages do fall apart and the reason most of the time fortunately is not death. Well, at least not death in the sense of the end of life. Death most often is to the marriage.
So, what can I do if my marriage is falling apart and I haven’t yet obtained my permanent residence? The answers to these questions usually leads to a host of other questions. In many cases, persons decide to file an abuse related case under the Violence Against Women Act (VAWA). The name is a little misleading because it is not only filed for women. Let’s delve into some?
I’m married to a U.S. citizen, but my spouse is abusive. What can I do?
My answer will be limited to solely the immigration issue. If you are married to an abusive spouse, you should know that you can pursue and file for your permanent residency on your own and without the cooperation of your spouse.
What constitutes abuse to qualify filing for an Abuse Immigration Case?
Abuse can take many forms. The obvious one is physical abuse. However, the abuse can also be emotional or mental abuse, which is very common with these types of cases.
Does the victim have to be female to file an Immigration Abuse Case?
No. In fact, about half of the clients we represent are male victims that are abused by their female spouses.
How do I prove abuse for my Immigration Case?
In most cases, abuse is proven by evidence that is indirect. What I mean by that is that most cases do not have a police report or arrest report of the abuser. Most cases are proven by documents such as statements by the victim or witnesses.
Will my spouse find out that I filed an Abuse Immigration case?
Immigration will not notify the spouse of the filing and filings are confidential