Immigration Corner | How can I stop my husband from getting a green card?

Dear Mrs Walker-Huntington,

I am married to an immigrant who is 10 years older than me. We are currently separated because I found out that he was planning to petition for himself by pretending he is a battered spouse. I found out what he was trying to do and informed a United States Citizenship & Immigration Services (USCIS) officer of his plans. He only married me for a green card and we do not have anything to prove that our marriage was bona fide, apart from the fact that we have a child together. I am an American citizen through naturalisation.

Is there any advice you could give to me on what steps to take to ensure that he does not get a green card by making these false allegations that I abused him?

– CJ

Dear CJ,

There is a provision in the United States for an intending immigrant who is abused to self-petition for a green card without the assistance of their spouse, among other family members. It is a protection for intending immigrants under the Violence Against Women’s Act (VAWA), and it applies to both women and men. The immigrant must detail and document allegations of the abuse, document the relationship between themselves and their American citizen or lawful permanent resident spouse, and document that the relationship was bona fide for immigration purposes.

Abuse comes in many forms – it can be physical, mental/emotional, but it can also be a pattern of behaviour. Each case is unique and must be proven by credible evidence. For example, abuse can exist where the American citizen spouse refuses to file a petition for the immigrant to gain legal status or creates purposeful delays. Having a child together is convincing evidence of the validity of a marriage, but it is impossible to say how an officer – using their discretion – would view a marriage without any documentary evidence outside of a child as proof of its validity.

Without knowing the intricacies of your marriage, it is difficult to say if your husband has a case for an abuse petition. What would he have to gain by pretending to be abused if he was in a genuine relationship with a wife who bore him a child, and was ready and able to file a petition for him to gain his US residency? However, persons are often poorly advised about US immigration policies and practices, and are convinced that certain paths are viable options when, in fact, they are not.

Whether your husband receives a green card or not, based on his petition as an abused spouse, will depend on his evidence and the person reviewing his application. However, if you believe that your husband – the father of your child – married you in deception, then you can write to USCIS and report him as such.

Dahlia A. Walker-Huntington, Esq, is a Jamaican-American attorney who practises immigration law in the United States; and family, criminal and international law in Florida. She is a diversity and inclusion consultant, mediator, and former special magistrate and hearing officer in Broward County, Florida. info@walkerhuntington. com