| The Violence Against Women Act (VAWA), passed | | | | old or less at the time you file and can prove that the |
| into law in 1994 and amended in 2001, provides hope | | | | abuse was related to the reason for or was the |
| for immigrant abuse survivors. Under U.S. immigration | | | | reason for the divorce, itself. The divorced battered |
| law, immigrants may obtain a green card ("U.S. | | | | spouse must still prove the basis elements of a |
| permanent residence") by marrying a U.S. citizen | | | | VAWA self-petition including having a real marriage (i.e., |
| (USC). The USC must, however under the normal | | | | not a marriage entered into for immigration purposes) |
| course, petition U.S. Citizenship & Immigration Services | | | | as well as prove that s/he lived with the abuser when |
| (CIS, formerly known as "INS") for an immigrant visa | | | | they were married at some point. This provision |
| and a green card application for his/her immigrant | | | | allowing for divorce spouses to file applies to all cases |
| spouse based on the marriage. But this process is not | | | | that were still being decided by CIS or filed on or after |
| always easy on the immigrant - in many instances, it | | | | October 28, 2000. There are exceptions to this date, |
| provides one of the most abusive ways a sponsoring | | | | however, so an immigrant in this situation should |
| spouse can exercise control over the immigrant, by | | | | contact an immigration attorney who regularly deals |
| holding the immigrant's tentative immigration status | | | | with VAWA (Violence Against Women cases) to |
| over her. This is where VAWA helps. Abused | | | | determine if she is eligible to file for immigration |
| immigrants who are married to a U.S. citizen or Lawful | | | | protection under VAWA. If an abused immigrant |
| Permanent Residents may now petition on their own | | | | spouse chooses to not file a VAWA-based immigrant |
| for an immigrant visa and green card application, | | | | visa petition and chooses to rely on her spouse to |
| without the abuser's knowledge or consent. However, | | | | sponsor her, if the spouse fails to sponsor her or the |
| one of the recurring problems and questions that | | | | case the spouse filed is not approved by the time the |
| come up in these abused spouse cases is what | | | | divorce is final, that case will be denied and the |
| happens to the immigrant's chances for a green card if | | | | immigrant will have to start over with either a |
| the abuser goes through on his threat and files for | | | | VAWA-based immigrant visa (if eligible) or some other |
| divorce? Similarly, how is her green card chances | | | | potential immigrant visa or will be stuck without the |
| affected if the immigrant files for divorce, herself? Filing | | | | means to obtain a green card. If an immigrant believes |
| for relief under VAWA may still be possible even if | | | | that her spouse is going to file for divorce or has |
| divorce proceedings have begun or even if the divorce | | | | already filed for a divorce and has a case based on |
| is final. A divorced spouse who was subject to | | | | her spouse's sponsorship currently being decided by |
| extreme cruelty from his or her legal permanent | | | | INS (CIS), there may be a way to save the green card |
| resident or U.S. citizen spouse may apply for an | | | | (adjustment of status) application that is attached to |
| immigrant visa as an abused spouse (eventually | | | | her spouse's immigrant visa filing and file for VAWA |
| leading to a green card) if the petition is filed with CIS | | | | immigrant visa to protect herself from her spouse's |
| (INS) within 2 years following any final divorce decree. | | | | threats, and retain her work card and travel |
| Thus, if you are already divorced, you can still file for | | | | authorization instead of having to start all over again |
| VAWA protection, but only if your divorce is 2 years | | | | with a new green card application. |