Abused Foreign National Has Options

My friend is married to a US citizen for two years this coming May. Her green card has a date of 1/11/09 on it. She caught her husband talking to other women and has asked for divorce. He is unwilling to grant her a divorce. He verbally abuses her and she feels obligated to have sex with him as he threatens her with deportation.

Would it be wise for her to leave him and file for divorce now? She thinks she has to just take it until she can leave with no problems from immigration. What are her options?
— Anonymous

There is never a good reason for a person, including a foreign national, to stay in an abusive relationship. That is why there are certain United States immigration laws that protect foreign nationals who are in abusive relationships. These laws allow foreign nationals to leave the abusive relationship and protect themselves while also providing them with a way to remain in the United States in legal status.

For foreign nationals who are not yet lawful permanent residents, but who are abused by their United States citizen or lawful permanent resident spouse, they may file a Violence Against Women’s Act (VAWA) self-petition. VAWA is available to both men and women. For persons who have been granted lawful permanent residency on a conditional basis because their marriage was less than two years old at the time permanent residency was granted, that person can file an I-751 petition to remove conditions and request a waiver of the joint filing requirements based on the battering and extreme cruelty if the abuse rises to that level.

The law does not require your friend to remain married to her spouse if she is being battered and subjected to extreme cruelty. However, in addition to documentation of the relationship, she will have to provide evidence of the abuse, including police reports, restraining orders, medical records, and any other records that prove the abuse.

There are several other waivers of the joint filing requirement for the I-751 petition. It may be wise for your friend to consult with an experienced immigration attorney to discuss the specific facts of her case and the relationship with her husband to determine what is the best option for the I-751.

Michael Shane and Evan Shane, Immigration Attorneys

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K F ★★★★★ a week ago
We came into the Shane& Shane family via Mr Brauwerman a former Immigration Judge prior to his retirement. We knew we … More were in great hands with this merger.
Veronica and Evan were our counsels for the Citizenship process for my spouse and I. Going in, I knew mine would have required additional work. As such, it was not a surprise when I received a decision cannot be made at the interview, while my spouse secured the citizenship at first interview.
Veronica was amazing on the first interview, she prepped me well and took copious notes. With this team, when they tell you to trust the process, believe them and just leave it in their capable hands to follow the protocol. Evan followed up and successfully secured a second interview after a long silence.
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This team, Myrna, Veronica and Evan is truly a team. They are responsive, professional, authentic and transparent. They are a true immigration firm and we could not have asked for better representation. Reach out to them for a consultation, I guarantee you will retain them for representation.
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Ademir Pavao ★★★★★ a year ago
Ademir Pavao
Myself and my son, Ademir Pavao Filho, are so happy here in USA, My son now is in Fort Bragg, Army in North … More Caroline, everything was perfect with us, an I become a permanent resident applying to become a citizenship next year, my special thank to Evan Shane and Maria, that solved all problems we had. I highly recommend this important and necessary services provided by Shane, Shane, and Brauwerman. Evan and Maria worked on our cases and we were impressed by how knowledgeable, organized, and reliable they were.
Ricardo Bendito ★★★★★ 3 months ago
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For years I have dealt with countless law offices and have retained two different attorneys … More before coming to Shane & Shane. my case was very complex, battling mistaken identity while applying for I-601A waiver, and green card application. Evan and Veronica are ultimately the best attorneys I have ever dealt with. They analyzed and came up with a detailed plan pertaining to my case. They lead with full transparency the whole step of the way. I was impressed with the compassion and attention I was given. Thank you again to the whole staff for responding quickly and professionally every time I needed updates. I highly recommend retaining this Law Firm!