It’s Unsafe to Stay in My Marriage, but I Need a Green Card- Domestic Violence and the U.S. Immigration System
Applying for Permanent Residence with VAWA
When most people think of family-based immigration, they think of getting permanent residence (commonly called a green card) through a US citizen spouse.
In the fourth quarter of 2020, 36 percent of foreign nationals obtained their green card through an immediate family member.
Due to these statistics, many people believe marriage is the only way to obtain permanent residence in the United States. This also leads to individuals staying in marriages in order to get a green card—even when the marriage is unsafe.
Domestic Violence Against Immigrants During the COVID19 Pandemic
According to Center for Survivor Agency and Justice 1 in 3 white women report having suffered domestic violence in 2020. This number increases more than 50 percent for marginalized communities, which includes LGBT, immigrant, and black and brown communities.
Often immigrant survivors of domestic violence will not report the abuse and even stay in the marriage in hopes of obtaining permanent residence and out of fear of deportation.
You Do Not Have to Stay in an Abusive Marriage for A Green Card
Many people do not know they do not have to stay in an abusive marriage for a green card. A foreign national can “self-petition” or file for a permanent resident card on their own with proof of the abuse due to the Violence Against Women Act or VAWA.
What is the Violence Against Women Act?
The Violence Against Women Act (VAWA) is is a landmark piece of legislation that sought to improve criminal legal and community-based responses to domestic violence, dating violence, sexual assault, and stalking in the United States.
VAWA serves several functions, but an important part of the legislation allows spouse, parents, and children of U.S. citizens (and lawful permanent residents) to file a green card on their own without the assistance of the abusive party.
How Can I Obtain a Green Card on my Own
In order to obtain a permanent resident card under VAWA the applicant must prove:
Marriage to the U.S. citizen spouse was genuine and bona fide;
He or she suffered extreme cruelty from their U.S. citizen spouse; and
He or she is a person of good moral character.
What Kind of Abuse Must be Proven in a VAWA Case?
When explaining VAWA eligibility practitioners commonly use the term abuse; however, the legal standard is “extreme cruelty”, which is a higher standard. So it is important when compiling a VAWA application to obtain and provide as much evidence of the abuse as possible.
An applicant in a VAWA case can prove one or more types of extreme cruelty, including the following:
Physical abuse
Emotional or psychological abuse
Financial abuse
Verbal abuse
What Types of Evidence Must I Provide in a VAWA Case?
No two legal cases are exactly alike, so the evidence each applicant uses to prove VAWA eligibility is different. It is important to discuss your individual case with an experienced immigration attorney.
Common types of evidence, include:
Police reports
Medical records
Evaluation from a licensed therapist or counselor
Letters from teachers, clergy, or other individuals with firsthand knowledge of the abuse
Detailed letter from the applicant describing the abuse
It is important to note that a police report is not required. Many people do not report domestic violence. A police report can be helpful, but is not mandatory.
VAWA cases are nuanced and complex. The above information is general and for educational purposes only. It is advised to consult with an experienced immigration attorney about your individual case.
Houston Attorney for Survivors of Domestic Violence
Attorney Tatiauna Holland is an experienced immigration attorney based in Houston, Texas. She has obtained favorable outcomes in immigration cases for domestic violence survivors and other victims of crime.
Attorney Holland was voted 2020 Top Immigration Lawyer by Houstonia Magazine and 2017-2020 Top Immigration Attorneys in Texas by the American Institute of Legal Counsel.
If you or any of your loved ones have suffered domestic violence by a U.S. citizen spouse, parent, or child, contact our office at (832) 328-7877 to discuss your unique case.
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