What to do if you have been abused by your US Citizen spouse

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First and foremost, make sure that you take steps to ensure your own safety, whether that means moving away from the marital home, obtaining a restraining order or a protection from abuse order, or establishing an emergency fund so that you have the means to leave if the situation becomes worse. The National Coalition Against Domestic Violence (www.ncadv.org) has good information on their website, including a list of affiliated agencies in every state.

Once you are safe, you can work on your immigration issues.  This is one of the areas where I would strongly encourage you to work with an immigration attorney; if you cannot afford to hire a private attorney, you can find a list of legal services providers (by state) here.

The Violence Against Women Act, or VAWA, provides a special type of protection to immigrants who are the victims of abuse by a US Citizen spouse, whether husband or wife.  The abused spouse is able to self-petition for permanent resident status, rather than relying on the abusive spouse to file the adjustment of status paperwork.  Often, abusive spouses use the threat of deportation, or withhold immigration benefits, as part of a broader scheme of manipulation or coercion, so this process allows the immigrant spouse to take control of the process.  The information is confidential and will not be revealed to the abusive spouse.

The self-petition is filed on Form I-360, which can be filed concurrently with Form I-485 (Application for Adjustment of Status).  By filing concurrently, you will be eligible for employment authorization while the application is pending, which is a great benefit if you are trying to establish independence from your abusive spouse.

Abuse is defined fairly broadly, and includes psychological, emotional, physical and sexual abuse.  Though this can be a difficult topic to discuss, you should be candid with your attorney about what happened to you during your marriage.  Although it is helpful to have records, like hospital records or police reports, many people do not, so the most important part of the application is your narrative statement about the marriage and the abuse. An attorney can help you to draft a statement that includes as many details as possible, which will help the officer who reviews your case understand what happened.

Please be sure to get the help you need to get through this difficult time.  If you have further questions, you can visit my website, www.cruddenlegal.com, or feel free to contact me directly at christina@cruddenlegal.com.  Best of luck to you.