Marriages between immigrants and United States citizens can develop the same issues as any other relationship. Infidelity, differences in lifestyle, disputes about personal values and domestic violence can all leave one spouse ready to end the marriage.
Much of the time, immigrant spouses can delay divorce for social reasons until after they remove the conditions from their marriage-based green card. However, when the reason for the divorce is domestic violence, people may worry about the long-term consequences for themselves or their children if they wait years to end their marriage. In such cases, there are systems in place to protect immigrant spouses.
Taking legal action could be helpful
Immigrant spouses experiencing domestic violence may fear reporting the matter to law enforcement. They may worry about everyone siding with their abuser or about the possibility of removal from the country.
However, when immigrants are victims of crimes committed by United States citizens, they sometimes become eligible for special visas. The U visa allows an immigrant who assisted in the prosecution of a criminal to legally remain in the country.
A spouse who might lose their conditional green card due to a divorce before the marriage lasted at least two years could remain in the country and pursue eligibility for a standard green card if they qualify for the U visa. There are also many forms of social and practical support available to survivors of domestic violence, provided that they know where to look.
Discussing the need for a divorce due to violence in the home with an attorney can help immigrant spouses understand their rights. A divorce lawyer can provide guidance, offer information about immigration challenges and even help survivors make use of the systems in place for their protection.
