The U.S. person must,however under the regular course,petition U.S. Citizenship & Immigration Services (CIS,previously understood as “INS”) for an immigrant visa and a green card application for his/her immigrant spouse based on the marriage. This process is not always beneficial to the immigrant– in many circumstances,it offers one of the most violent ways a sponsoring partner can exercise control over the immigrant,by holding the immigrant’s tentative migration status over her. With a phd or recognized talent,one might try to obtain a green card in other ways:
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A commonness in almost all violent marriages including an immigrant partner is the risk of deportation,typically in the type of the violent U.S. resident or legal long-term homeowner partner threatening to withdraw his/her sponsorship of the immigrant’s visa petition,not file at all,or contact CIS and lie about her in an attempt to have her deported.
Often,immigrants are offered the demand that they either tell nobody about the abuse and thus,let it continue,or else face deportation. This danger of deportation,a kind of serious psychological abuse,can be more scary to an immigrant than even the worst physical abuse imaginable. Many immigrants have kids and relative in the U.S. who rely on them and lots of fear returning to the country they got away,for worry of social reprisal,inevitable hardship,and/or persecution.
Mistreated immigrants who are wed to a U.S. person or Lawful Permanent Resident or who separated their abuser in the past two years might now petition on their own for an immigrant visa and green card application,without the abuser’s knowledge or approval. In this confidential procedure,CIS representatives are legally bound to refrain from calling the abuser and informing him/her anything of the mistreated immigrant’s efforts to get a green card under VAWA.
This procedure also offers short-term defense from deportation for immigrants not in deportation currently (called “postponed action status”) and restored work permission to legal permanent citizens who usually face a longer waiting duration due to visa number stockpiles.
Even more,the immigrant spouse does not need to appear before a judge (the procedure is paper driven) and s/he may leave her abuser at any time,without damage to her migration status. Even an immigrant spouse who is not married to a lawful permanent homeowner or U.S. resident however is rather married to an undocumented immigrant or an immigrant holding a temporary work or checking out visa has options under VAWA. Because VAWA was modified in 2001,now no matter the immigrant or abuser’s status,the immigrant might obtain legal immigration status through the new “U” visa,which enables the immigrant to ultimately get a green card if s/he has actually proven most likely or useful to be valuable to a police investigation of a violent crime.
The above programs that abused immigrants frequently do have choices. A mistreated immigrant does not need to continue to live with the risk of physical,monetary or mental damage from an intimate partner due to the fact that of fear of being deported.