The Intersection of Divorce & Maintaining U.S. Immigration Status
If you or someone you know is married to a U.S. Citizen and the marriage is ending due to abuse or irreconcilable differences, it is important to overcome common fears and not remain in the marriage for the sole purpose of not losing one’s status.
When a non-citizen’s marriage breaks down there are two types of immigration relief. The first relief is a VAWA (Violence against women/men Act) application that is filed where a U.S. spouse has a pending I-130 petition filed in conjunction with an I-485 application for adjustment of status to a Permanent Resident. While a divorce is not mandatory to file VAWA (I-360), it is strong evidence in support of a VAWA case. The second relief is where a non-citizen has received a temporary 2-year conditional Green Card and the marriage ends. In this case a divorce is required prior to approval of I-751 waiver. An I-751 waiver, however, may be filed immediately where the couple is separated and a divorce is sure. Abuse is not needed to be eligible for an I-751 marriage waiver.
Two concerns our lawyers routinely see from clients as we represent them in VAWA Green Cards and Release of Conditions on 2-year Green Cards is the following: 1) Fear that their U.S. Citizen spouse will ‘cancel’ their application for permanent status in the United States; and 2) Fear that his or her spouse will succeed in cutting of all financial support during a divorce proceeding. The good news is that according to leading family law experts, this is highly unlikely. Either of these actions by U.S. spouses are to his or her grave disadvantage.
Fear That Their U.S. Citizen Spouse Will ‘Cancel’ Their Application
In the case of both VAWA or Conditional Green Card, many states have passed laws strongly in favor of protecting the non-citizen from revenge tactics threatening a non-U.S. citizen spouse’s well-being. For instance, Virginia has passed state laws where a U.S. Citizen spouse who makes threats such as “I will have you deported, or you will never see our children again”, a Judge may rule to penalize the U.S. Citizen spouse, which has the effect of protecting the foreign national. For more information on how divorce and family laws work in your state, you may contact us at info@vasselllaw.com. We will happily refer you to a family lawyer who is experienced in representing non-citizens in divorce and separation proceedings. (Note: We have a network of family lawyers in Virginia and Maryland we routinely work with).
Fear That His or Her Spouse Will Succeed In Cutting Off All Financial Support.
In the area of family finances, a U.S. Citizen (or U.S. Permanent Resident) who threatens or proposes that the foreign national spouse should receive ‘nothing’ and takes such action… the state court trend is to block such actions. In fact, this advances the non-citizen spouse’s immigration case especially where abuse is alleged.
While U.S. Immigration laws are not the focus of this article, it should be noted that there are also strong federal laws that protect the non-citizen spouse in a hostile/abusive marriage. One of those protections is the I-864 Affidavit of Support.
Financial distribution, alimony, child support and custody issues for a non-citizen are very sensitive. It is essential to consult with a state family lawyer ASAP. Specifically, ensure that the family lawyer understands the policy and laws in your state or county regarding protections for foreign nationals facing a retaliating U.S. spouse.
We have successfully processed these U.S. immigration matters for over 25 years. To schedule a consultation, you may email us at info@becapitallaw.com or call / text (703)966-0907. B&E Capital – Vassell Law Group,PC | http://www.vasselllaw.com | http://www.becapitallaw.com | Members of the American Immigration Lawyers Association for over 20 years.