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Does the Immigration and Nationality Act protect abuse victims?

When it comes to divorce and immigration, people may have a variety of concerns. Unfortunately, some people are afraid to leave their marital partner when they experience domestic violence. In addition to concerns over how their partner may react, they may also be worried about how splitting up could affect their immigration status. If you are going through this in Miami-Dade, or any of Florida's regions, it may be helpful to know your rights under the Immigration and Nationality Act.

The U.S. Citizenship and Immigration Services says that parents, children and spouses of U.S. citizens who have been subjected to domestic violence can file immigrant visa petitions on their own, thanks to the Immigration and Nationality Act. The INA, which protects women as well as men, was amended as a result of the Violence Against Women Act. These provisions enable victims of domestic violence to apply for immigrant visa petitions without the person who has abused them knowing. In some cases, children and spouses of those who have a green cards are also able to file petitions.

However, there are a number of requirements that have to be satisfied in order for you to be eligible to file a petition for an immigrant visa. For example, if you are married to an abuser, you must have good moral character and cannot have married your spouse only for immigration purposes.

You need to understand that this blog post is being offered for general informational purposes and does not constitute an alternative to legal counsel.

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Cuevas, Garcia & Torres, P.A.
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