Can I stay in the United States on a Green Card if my marriage is ending due to abuse?
Having your marriage fall apart can be hard enough but when you are also in the middle of your immigration process it can become overwhelming, to say the least.
Suppose you have filed your petition to become a permanent resident due to marriage but are getting divorced before your conditional green card interview. It is unlikely that you will be able to proceed with a marriage-based green card. However, if the marriage ended due to physical abuse or extreme mental cruelty, a VAWA (‘Violence Against Women Act’) self-petition can be filed. Or, in extreme cases where the applicant is a victim of a violent crime, a U Visa may also be an option.
Filing a VAWA self-petition depends on a few factors like:
You must live in the U.S (with a few exceptions).
You must be the child, parent, or spouse of an abuser.
Your abuser must be a permanent resident or U.S. citizen.
You must have lived together with the abuser at one point.
You have to prove that abuse occurred during your relationship.
Your marriage was in good faith.
You have no criminal history during the past three years.
If you find yourself in this situation, consult with an experienced immigration lawyer to see if any alternative solutions may be possible to get your green card and remain in the United States.
Our law firm can help you navigate this scary and challenging time.
Contact us today for help with your immigration case.