Published February 6, 2016
In the world of U.S. иммиграционное законодательство, the battered husband or wife, а иногда и ребенка, may be eligible for special immigration benefits, including permanent resident status – and all without the cooperation of the abusive U.S. citizen or resident petitioning relative. Действительно, foreign nationals who marry U.S. citizens or residents are often vulnerable to the whims, cruelty and even brutality of their U.S. супруга, and accordingly, Конгресс принял ряд законов, направленных на защиту этих иностранных граждан. The legal options to achieve resident status in such circumstances include:
Я-360, Разрушенные Петиция Я Супруг (для тех, кто еще не издал зеленой карты): No matter the legal status of the foreign national in question – whether they overstayed their visa, или вводятся без визы в первую очередь, the I-360 Battered Spouse Self Petition is often a viable avenue for a battered spouse to obtain U.S permanent residence, или "зеленая карта" статус – и снова, without the assistance or support of their abusive U.S. супруга. Those filing battered spouse “self-petitions” must establish their “good moral character” and present one or more of the following types of supporting documents: 1) detailed affidavits – including their own, as well as witnesses, to the abuse or the aftermath of the abuse suffered by the foreign national, 2) hospital records, 3) police reports, 4) domestic violence related orders of protection, 5) documentation reflecting mental health services or housing sought, such as counseling or shelter assistance 6) photographs capturing any physical injuries and 7) statements from clergyman.
Once their I-360 Battered Spouse Self Petition is approved, the foreign national has a clear, legal basis upon which to proceed with an I-485, Application to Adjust Status to Permanent Resident and be issued a green card.
Я-751, Отказ от совместное заявление, чтобы удалить условные основа, на постоянное место жительства (для тех, выдается только 2 год, условная зеленая карта) When a foreign national is initially approved for resident (зеленая карта) status based on marriage to a U.S. гражданин, it is typically on a conditional basis and a 2 летний период. By the time this 2 year period ends, the underlying marriage is hopefully intact and the parties are able to file a “Joint” I-751 petition to remove conditional basis on permanent residence. Such a filing must be supported with documentation confirming the parties cohabitation at time of filing and for the 2 года условного срока резидент. Однако, if the marriage at issue falls apart, including when the foreign national becomes the victim of the U.S. физического или психического крайней супруга злоупотребления, Отказ, или Освобождение, совместной петиции, доступно. В таком случае, the cooperation of the abusive U.S. spouse becomes unnecessary, and accordingly, only the foreign national’s signature is required. An I-751 waiver petition will be approved when the foreign national is able to document one of the following: a) that the marriage at issue has been dissolved and that the underlying relationship was genuine and not entered into solely for the purpose of facilitating immigration benefits, б) that the denial of the waiver filing would cause the applicant and their family to experience extreme hardship, OR c) the applicant is the victim of their U.S. spouse’s physical abuse and/or extreme mental cruelty. Supporting documentation that should be included with such filings, assuming available, include any paperwork detailing that the couple shared a residence for any period (the longer the better). Например, joint bank account statements, налоговых деклараций, страхование записей, отчетность кредитного счета, photos or other documentation reflecting that the couple shared a residence. For waiver filings premised upon their spouse’s physical or mental abuse – similar to the self-petition discussed above – it is essential that the applicant include their own detailed statement, and if possible, those of witnesses as well as a psychologist or counselor, all confirming that the marriage at issue was sincere and detailing the nature of the abuse inflicted. These affidavits become all the more important when other evidence of a shared household and residence is not available – as is quite common when we are dealing with a turbulent, abusive relationship.
Отмена удаления для пострадавших супругов: If a U.S. citizen spouse withdraws their visa petition filing on behalf of their abused foreign spouse while the foreign national’s application for permanent residence remains pending, the application will likely end up being denied, and sometimes the foreign national will even find themselves defending removal proceedings before an immigration judge. At that juncture, the foreign national may very well have the option of applying for Cancellation of Removal as a Battered Spouse before the Immigration Court. The decision on such an application rests on the Immigration Judge, and if it is approved, this application will lead to the foreign national being issued permanent resident status. The requirements associated with this type of application are similar or identical to those at play in the I-360 Battered Spouse Self Petition context, although applicants for Battered Spouse Cancellation of Removal must also document that they have been physically present in the U.S. на трехлетний период подготовки к их применению, и что их удаление из США. бы привести к их, своего ребенка, или их родителей, “extreme hardship.” Notably, applicants for battered spouse cancellation of removal are eligible to receive an Employment Authorization Document while awaiting a final court date on their application, a wait that can be as long as 3 or more years.
Unquestionably, achieving success in any of the above filing contexts, involves a challenging process. To rise to the challenge and to approach the process with a clear headed, practical strategy, it is essential that the foreign national be fully informed of their legal options and which of those options are best suited to their individual circumstances.
Опубликовано: февраль 6, 2016- "Закон об иммиграции ФОРУМ" Copyright © 2016, По Адвокатское бюро Ричард Ханус, Чикаго, Иллинойс
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