It is a common problem for abused spouses who are admitted to the US on a finance visa – they are abused by the husband who is a US citizen or Legal Permanent Resident and he will not petition the USCIS to adjust the new wife’s status to that of an LPR. Often the abuser spouse would use the petition process as leverage to further control the immigrant wife and the wife was helpless as she needed the abuser husband’s assistance in petitioning for LPR status. The good news is that the US government addressed this issue a few years back in the Violence Against Women Act (VAWA). The VAWA has a provision where the abused fiance (or wife) can “self-petition” for an adjustment of her status. Therefore, if any immigrant woman is currently suffering from an abusive husband, she is no longer at his will as to whether she will ultimately be granted LPR status. She simply needs to go see an immigration attorney and he or she can assist the woman in adjusting her status without the cooperation of the abusive husband. If you have any questions, feel free to use our online consultation form or call our office at 937-432-9775.
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