Immigration Corner | My husband abused me and I left

Dear Mrs Walker-Huntington,

I am married to an American citizen for over 10 years now. I was living with him in America for more than six months after we got married.

However, because of his abusive words and treatment, I decided to come back home. When I was at the airport he told me not to leave, but I left anyway because I already had my ticket.

He started filing for me after I was back home in Jamaica, and I got documents to go to the US Embassy. However, because I overstayed my visa, he had to do another petition. In the process, he stopped because he met someone else and she discouraged him from continuing with the filing.

He and I are still in contact and he sends me money. Also, I was helping him out with a project. I am asking what can be done. Thanks in advance.

D

Dear D,

When a person overstays their permitted period of stay in the United States and leaves the country, they trigger a mandatory bar to returning. An overstay of six months to a year triggers a three-year bar, and an overstay of a year or more results in a 10-year bar. This mandatory bar can be overcome with a waiver if a qualifying relative exists in the United States.

At the point of denial of the green card at the US Embassy, your husband should have applied for the waiver of your inadmissibility due to your overstay. It is unfortunate that your husband stopped the process – I am not sure from your email if he was actually in the process of doing a waiver, or if he thought that he had to refile the petition, or what is the current status of your relationship.

You need to determine how long ago you were denied the visa at the embassy in Kingston and if your petition is still viable. You also need to determine what documents your husband began working on after your denial. Additionally, if your marriage is totally broken down, you need to explore whether you can file an abused spouse petition under the Violence Against Women Act. Such a petition is complicated and can be filed if the spouse is outside of the United States, as you are. The sooner the better for you in addressing these issues as you might lose an opportunity to return, due to time.

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