Newly wed woman needs help with immigration questions



I could not find a forum for visa through marriage so I am posting here since it seems to be closest, but please do let me know if I need to move this thread to some other forum. A friend of mine wanted me to post this question for her. She is here in the States through her husband. Even though they are newly wed, she is being mistreated, but she is afraid of losing her chance to stay if she says anything. Her husband did all of her immigration application, and she thinks he may topido her chance of getting her Citizenship. Her permanent residency was just approved. She wants to know if her fear is valid; can she at least try to discuss the marriage situation with her husband without fear of him destroying her chance? What if he was not willing to work towards improving the situation? Is she going to be deported? What if the husband applies for divorce? Does this mean she will have to go back? What if he applies for divorce and contacts immigration with negative comments about her? I know I am asking a number of questions here, if you wouldn’t mind addressing which ever you can. If you address all it would be great. I greatly appreciate your comments.


If you are the battered or abused spouse or
child (unmarried, under age 21) of a U.S.
citizen and he or she refuses to petition on
your behalf, you can petition for yourself.
(This comes from the 1994 Violence Against
Women Act, or VAWA, at I.N.A. § 204(a),
8 U.S.C. § 1154.) You must be physically
inside the U.S. to take advantage of this
opportunity. Children between ages 21 and
25 can still petition if they can prove that
the child abuse was at least one central
reason for the filing delay.
You must also prove all of the following:
􀁳􀀀that you were either battered or
subjected to extreme mental cruelty by
the U.S. spouse during the marriage
􀁳􀀀that you have good moral character
(note that having a prior removal order
on your record is no longer a bar to
establishing good moral character,
thanks to amendments to VAWA
passed in 2005)
􀁳􀀀that you resided with your spouse or
parent inside the U.S., or that you lived
with the spouse or parent outside of
the U.S. and the abuser is an employee
of the U.S. government or Armed
Forces, and
􀁳􀀀if you’re a spouse, that the marriage
was entered into in good faith—that
is, not just to get a green card.
USCIS recognizes that a wide range of
behavior can constitute battery or extreme
cruelty, such as threats, beatings, sexual
use or exploitation, threats to deport the
immigrant or turn him or her over to
immigration authorities, forcible detention,
or threatened or committed acts of violence
against another person in order to mold the
immigrant’s behavior.
If the abuser loses his or her
immigration status, you may lose your right
to submit a self petition. For example, if he
or she had a green card, and is removed or
deported from the U.S., you are considered to
have no basis to apply for residency. If you’ve
already submitted the petition, however, you’re
okay. Also, an exception has been carved out for
cases where the abuser loses his or her status
during the two years immediately before you
file your self petition for a reason that is related
to or due to an incident of domestic violence.
(The crime of domestic violence is a ground of
removal.) The purpose of this is to make sure
that you don’t hesitate to call the police out of
fear that you’ll lose your right to self petition.
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