| -- End Ad Box ---> | | | | for an immigrant visa as an abused spouse |
| The Violence Against Women Act (VAWA), passed | | | | (eventually leading to a green card) if the petition is |
| into law in 1994 and amended in 2001, provides hope | | | | filed with CIS (INS) within 2 years following any final |
| for immigrant abuse survivors. Under U.S. immigration | | | | divorce decree. Thus, if you are already divorced, |
| law, immigrants may obtain a green card ("U.S. | | | | you can still file for VAWA protection, but only if |
| permanent residence) by marrying a U.S. citizen | | | | your divorce is 2 years old or less at the time you |
| (USC). The USC must, however under the normal | | | | file and can prove that the abuse was related to the |
| course, petition U.S. Citizenship & Immigration | | | | reason for or was the reason for the divorce, itself. |
| Services (CIS, formerly known as INS) for an | | | | The divorced battered spouse must still prove the |
| immigrant visa and a green card application for his/her | | | | basis elements of a VAWA self-petition including |
| immigrant spouse based on the marriage. But this | | | | having a real marriage (i.e., not a marriage entered |
| process is not always easy on the immigrant | | | | into for immigration purposes) as well as prove that s |
| — in many instances, it provides one of the | | | | he lived with the abuser when they were married at |
| most abusive ways a sponsoring spouse can exercise | | | | some point. This provision allowing for divorce |
| control over the immigrant, by holding the immigrant's | | | | spouses to file applies to all cases that were still being |
| tentative immigration status over her. This is where | | | | decided by CIS or filed on or after October 28, 2000. |
| VAWA helps. Abused immigrants who are married to | | | | There are exceptions to this date, however, so an |
| a U.S. citizen or Lawful Permanent Residents may | | | | immigrant in this situation should contact an |
| now petition on their own for an immigrant visa and | | | | immigration attorney who regularly deals with VAWA |
| green card application, without the abuser's | | | | (Violence Against Women cases) to determine if she |
| knowledge or consent. However, one of the recurring | | | | is eligible to file for immigration protection under |
| problems and questions that come up in these | | | | VAWA. If an abused immigrant spouse chooses to |
| abused spouse cases is what happens to the | | | | not file a VAWA-based immigrant visa petition and |
| immigrant’s chances for a green card if the | | | | chooses to rely on her spouse to sponsor her, if the |
| abuser goes through on his threat and files for | | | | spouse fails to sponsor her or the case the spouse |
| divorce? Similarly, how is her green card chances | | | | filed is not approved by the time the divorce is final, |
| affected if the immigrant files for divorce, herself? | | | | that case will be denied and the immigrant will have |
| Filing for relief under VAWA may still be possible | | | | to start over with either a VAWA-based immigrant |
| even if divorce proceedings have begun or even if | | | | visa (if eligible) or some other potential immigrant visa |
| the divorce is final. A divorced spouse who was | | | | or will be stuck without the means to obtain a green |
| subject to extreme cruelty from his or her legal | | | | card. |
| permanent resident or U.S. citizen spouse may apply | | | | |