How to become US citizen or legal resident without your spouse’s help?

icono-cal January 23, 2023

icono-cal María Mendoza

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Couple consisting of a man and a woman arguing sitting on a coach. The woman points to the man, and the man points to himself

A person may stay married under threats of not receiving help to become lawful or not being let to apply to obtain migratory documents approval. If that is your case, learn how can you become a US citizen or legal resident without your spouse’s help.

 

Sometimes, when marriage problems arise, US citizens or legal resident spouses may threaten on calling Immigration Department or ask for money from their couple to help with their migratory status.

 

Due to marriage problems, some spouses can deny helping their couples with migratory documents.


These kinds of situations which, sadly, frequently happen, can be accompanied by more problems. It might be that not only your spouse doesn’t want to help you obtain legal status, but there can also be a lack of respect. It can be that the US citizen or legal resident insults, offends, and threatens on calling Immigration Department or the police and press false charges against the undocumented couple.

 

What to do in these cases?

 

Some people in this situation may think that is best to “behave good” with their couple so they will help them process documents, wait until their children turn 21 or look forward a migratory reform to obtain a favorable migratory status.

 

Beart in mind that this behavior can be considered a form of mistreatment, and based on this type of mistreatment, the law provides a way to obtain documents without abuser spouse’s help: A self-petition. This process is designed for people who suffer mistreatment within their marriage with a US citizen or legal resident.

 

Mistreatment can be physical or psychological

 

Although physical mistreatment is a type of violence, there can be non-physical violence. In a situation where your spouse sends you text messages containing offenses, despective comments or threats, in a fully confidential way and without impairing your spouse nor the matrimony, you can obtain a legal status without leaving the US, and even a work permission in six to eight months.

 

Man's fist in the foreground, and in the background a crouching woman protecting her face

 

Mistreatment, both physical and psychological, is considered violence.
VAWA law enables processes for people inside relationships with US citizens or legal residents in which the spouse is violent and doesn’t want to help their couple obtaining a legal status.

 

If you are still married, but due to marriage problems you are not living with your spouse, VAWA law can be a way to achieve documents approval. Through this law, a self-petition is submitted, request that only requires your signature. You don’t have to depend on your spouse. Matter of fact, your spouse may not even know that you are starting a process.

 

Gavel with dices forming the word VAWA placed over United States flag

VAWA law can help immigrants suffering violence to obtain a favorable migratory status.


If you have questions, you may call our offices at (202) 933-3379 or contact us through our website. First call is free of charge, and we will evaluate your case to know which is the best course of action.

 

 

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