Filed in Divorce News: I found this informative article about divorce and the greencard written by: Heather L. Poole, Esq. It reads in part:
The Violence Against Women Act (VAWA), passed into law in 1994 and amended in 2001, provides hope for immigrant abuse survivors. Under U.S. immigration law, immigrants may obtain a green card (“U.S. permanent residence”) by marrying a U.S. citizen (USC). The USC must, however under the normal course, petition U.S. Citizenship & Immigration Services (CIS, formerly known as “INS”) for an immigrant visa and a green card application for his/her immigrant spouse based on the marriage.
But this process is not always easy on the immigrant – in many instances, it provides one of the most abusive ways a sponsoring spouse can exercise control over the immigrant, by holding the immigrant’s tentative immigration status over her.
This is where VAWA helps. Abused immigrants who are married to a U.S. citizen or Lawful Permanent Residents may now petition on their own for an immigrant visa and green card application, without the abuser’s knowledge or consent.
However, one of the recurring problems and questions that come up in these abused spouse cases is what happens to the immigrant’s chances for a green card if the abuser goes through on his threat and files for divorce?
Similarly, how is her green card chances affected if the immigrant files for divorce, herself?
Filing for relief under VAWA may still be possible even if divorce proceedings have begun or even if the divorce is final.
Read more: http://www.heroesofgaza.com/how-divorce-may-affect-your-green-card-chances.html
See our post on the subject http://www.divorcesaloon.com/2006/12/10/green-card-marriagegreen-card-divorce/
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