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IMMIGRATION PROFESSOR’S CORNER by ROBERT PERKINS, ESQ
Situation 2: U.S. Citizen has Filed for a Green cruelty during the marriage. The petition must
Card for the Immigrant, but the Immigrant has be filed within two years of the divorce being
Separated from the U.S. Citizen before the Green finalized. There is some misunderstanding in
Card Interview the immigrant communities that these types of
I have had several cases in my office when an petitions – called VAWA petitions – require that
immigrant comes to me when their interview the immigrant show that they were physically
is scheduled, and they are separated from their beaten and document that with police reports.
U.S. Citizen spouse. Luckily, it’s possible that the However, this is not always the case.
immigrant can still get their green card. The law As mentioned above, the law includes being
states that if the marriage was valid at its beginning subjected to “extreme cruelty which regulations say
– in other words, both the immigrant and the can include – but is not limited to “psychological
U.S. Citizen fully intended to share a life together or sexual exploitation.8 C.F.R. § 204.2(c)(1)(vi)
when they got married –it is valid for immigration & (e)(1)(vi). I had one case a few years back,
purposes even if the partners are separated and for example, where the U.S. Citizen husband
the marriage is no longer viable. A separation is pushed his wife once during an argument. There
only relevant in determining whether a marriage were, however, multiple events of psychological
was valid when entered. So again, like above, if exploitation where he made fun of her, ignored
the immigrant can show that both parties entered her and made her feel that she was not good
the marriage with the good intentions of having a enough. There were no police reports of physical
shared life together, then the immigration service or mental abuse, but we had the immigrant go to
can grant the green card even though the couple a psychologist to show that her husband’s verbal
is separated and living apart at the time of the abuse had caused her mental harm. We also
interview. Please keep in mind though that if obtained affidavits from friends and family who
the couple is legally divorced at the time of the verified the mental suffering she endured and
interview, then the immigrant cannot be approved showed that she went into the marriage in good
for a green card. faith. The case was won with this evidence on a
self-petition by the immigrant.
There are many situations where an
Situation 3, The Immigrant has immigrant can stay in the United
Never Filed for a Green Card States and keep their green card
Based on the Marriage and is when married to a United
Now Separating, Divorcing States Citizen even when
or Legally Divorced the marriage has ended or
This is the most is not working. The law
challenging of the three is very generous about
situations. In this case, this. To get your case
though, the immigrant evaluated, please call our
may still be able to offices at 888-439-4560
“self-petition” to get their or visit us online at http://
green card if they can ImmigrationProfessor.com.
show that they married in We represent clients all over
good faith and that they were the United States. n
subjected to battery OR extreme
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