| By N. Amma Twum-Baah (with legal consultation by Nelly Sarpong, J.D.) After two years in the United States, Karen found herself in love with her new life. The opportunities seemed endless and hope for great things to come was bursting at its seams. She had just successfully completed her master’s degree and fallen in love with Kofi, whom she met through a mutual friend. Since her student visa no longer legalized Karen’s presence in the United States, her only option was to leave the country, unless she was able to secure another legal way of staying. Finding an employer willing to take the risk was proving to be more difficult than Karen had anticipated, and finding a scholarship to help pay for a degree she didn’t need was proving twice as hard, so when Kofi suggested they get married, Karen said “Yes” even though she had only known Kofi a little over nine months. After a year of marriage, marital bliss turned into a marital nightmare. Her sweet, caring, macho man, Kofi, had transformed into a monster who hit her if she asked whether he was coming home after work or hanging out with the boys, and pummeled her when he got home too early and dinner wasn’t ready. He constantly threatened to pull the I-130 petition that was pending with the immigration service, and, on several occasions said he wasn’t going to show up for the interview in a ploy to get Karen to engage in lewd sexual acts with him. She had become his immigration prisoner with her life hanging in the balance. Karen wanted to leave but she couldn’t. The interview date was right around the corner and if she could just put up with Kofi a few more months, she could have her passport to freedom in her hands. If only she could stay out of his way, then maybe she would avoid getting hit and survive long enough to see her status change. Unfortunately, there are many African women in Karen’s situation, suffering in silence who are staying in abusive marriages because they are unaware that there are laws to protect them from their abusers. This rings true for men in abusive marriages as well. The Violence against Women Act Self Petition is a lifesaver and a few lucky ones who have tried have come out alive and victorious in the end. Violence Against Women’s Act While many marriages between US citizens and their foreign spouses remain blissful and genuine, there are several instances where a woman may find herself on the receiving end of an abuser’s rage and control through no fault of her's. In 1994, Congress enacted the Violence Against Women’s Act to protect women in Karen’s situation. The Act permits survivors of domestic abuse who are either married to or were married to a United States citizen to be granted legal immigration status without the assistance and/or knowledge of their abusive spouses. Both men and women are protected under the Act, despite what the name of the Act might suggest. Form I-360: Petition for Amerasian, Widow(er), or Special Immigrant This is the form to file to petition the INS to grant permission to proceed under the Act. To file Form I-360, the applicant must meet and be able to sufficiently prove the following criteria: That She was legally married to the abuser and that the marriage was entered into in good faith She has lived in the United States with her spouse/abuser She is of good moral character She was subject to battery or extreme cruelty by her spouse/abuser She meets all the other requirements of admission under normal circumstances Once an I-360 application has been approved, the applicant may apply to adjust her status to that of a legal permanent resident based on the premise that an immigrant visa number is immediately available. It is very important that you check with your local USCIS office for further instructions and details, or consult with legal counsel on the appropriate steps to take, and whether or not you qualify under the Act. Please note that the contents of this article are not in any way intended as legal advice, and neither must it be interpreted as such, nor must it in any way, and under any circumstance, be relied upon as such. Please consult with your attorney for advice and guidance. |
