| The Immigration Law of the United States allows an | | | | of the immigrant's green card application status if |
| immigrant to obtain a permanent citizenship of the | | | | either of the spouse's had already applied for divorce |
| United States by marrying a citizen of the country. | | | | or have been legally separated already. |
| The permanent citizenship is authorized by the | | | | Official sources have now provided enough clarity on |
| Government of America by the issuance of an ID | | | | the above issue. According to the clarification, an |
| called "Green Card." Once an US Citizen (USC) marries | | | | abused immigrant can go-ahead and apply for a |
| an immigrant, he or she (the USC) can request an | | | | Green Card status even if she has already applied for |
| immigrant visa and a Green Card to be issued to his | | | | a divorce because of extreme cruelty meted out to |
| or her spouse based on their marriage from the | | | | her by the USC partner. In case the immigrant is |
| Citizenship and Immigration Services (CIS) division of | | | | already separated, she can still apply for a Green card |
| the American government. | | | | status provided she has been divorced from her USC |
| Although the process illustrated above may seem to | | | | partner within the last 2 years. |
| be fairly simple, it is not so. This is because of the | | | | In all above cases the immigrant should get in touch |
| fact that the above right accorded to the USC, is | | | | with a lawyer who specializes in VAWA cases in |
| seen as one of the most open ways of sponsoring | | | | order to represent her case in the VAWA court. The |
| spouse abuse because of the spouse's immigrant | | | | lawyer will advice the immigrant as to whether she is |
| status and the USC's permanent citizenship status. | | | | eligible to petition the VAWA requesting for a Green |
| In order to prevent spouse abuses that can arise out | | | | Card status and if yes, then will take her through all |
| of the situation illustrated above, the Government of | | | | the necessary documentary proofs that are required |
| America enacted a law in the year 1994 called the | | | | to present the case. Basic documentary proofs that |
| Violence against Women Act or VAWA. This act was | | | | are required are proof of real marriage between the |
| further amended in 2001 and proves to be a great | | | | immigrant and the USC, proof that the immigrant and |
| helping hand in addressing the surviving victims of | | | | her USC partner lived together for a specified period |
| immigrant spouse abuse. According to this law, | | | | of time after marriage and that the divorce was |
| immigrants married to a USC can apply for a Green | | | | granted based purely on the extreme cruelty meted |
| Card status on their own without the knowledge or | | | | out in the form of physical abuse by the USC to the |
| consent of their spouse. However, until recently, it | | | | immigrant partner. |
| was not clear as to what will happen to the chances | | | | |