Legal Question in Immigration Law in Texas

I have a friend who is married to a US citizen. She is applying for her citizenship, but has been married less than 2 years.

Her husband is abusive of her and tells her that if she leaves him he will tell immigration that she tried to pay someone to marry her (she paid someone to marry her, but he took the money and left, her husband married her without any payment).

can she divorce him and stay in the country since the husband is abusive? will she get in trouble if he tells immigration she paid someone even if nothing happened? isn't his making her stay married in an abusive relationship blackmail?

What are her options?


Asked on 10/27/09, 5:15 pm

1 Answer from Attorneys

Luba Smal Smal Immigration Law Office

I understand that she is applying not for USA citizenship, but for residency (green card).

In order to become a permanent resident (green card holder) based on marriage to a US citizen, she has to be petitioned and sponsored by her US citizen husband. She can't apply without his support and sponsorship UNLESS she fits into a very narrow exception.

If she can prove abuse, she might be able to self-petition as an abused spouse of a US citizen. That's not an easy process, and she should consult an immigration attorney who knows about this process (not a "notario" or "specialist", but a lawyer).

I have assisted numerous clients with this type of petition. If you�d like to schedule a telephone legal consultation, please let me know, and I�d be glad to help: Attorney [@] law-visa-usa.com

Note: The above response is provided for legal information purposes only and should not be considered as legal advice. This response doesn�t create an attorney-client relationship, which can only be established through payment of a fee. If a follow-up advice on your specific situation and regarding U.S.A. immigration-related issues is requested, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details. Our contact email address is Attorney [@] law-visa-USA.com

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Answered on 11/01/09, 6:30 pm


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