USCIS Fact Sheets For Domestic Violence Immigrant Victims and Marriage-Based Visas

November 22, 2010- USCIS released a fact sheet providing details on the legal rights available to immigrant victims of domestic violence in the United States. Due to the lack of understanding of the U.S. law and language barrier, immigrants usually end up staying in an abusive relationships instead of reporting it. Immigrants should know that regardless of immigration or citizenship status, domestic violence victims have the right to obtain a protection order for themselves as well as for their children. They also have the right to legal separation or divorce without the consent of their spouse. Domestic violence is defined as repeated threats or abuses by one intimate partner or spouse to their other partner. This sort of behavior can include physical harm, forced sexual relations, psychological and emotional abuse, child abuse and other violent crimes.

USCIS also released information on the marriage-based immigration process and the International Marriage Broker Regulation Act (IMBRA). The marriage-based immigration process was changed by the IMBRA of 2005 with the purpose of helping foreign fiances or spouses. Under this law, the U.S. Government must provide foreign fiances and spouses immigrating to the U.S. with information about their legal rights and about their U.S.citizen partner’s criminal or domestic violence histories.

 

 [Review the USCIS Fact Sheets on Domestic Violence and IMBRA]