Marriage to an immigrant can offer several benefits within the U.S. immigration system, but it also comes with many challenges. If you are married to someone who is not a U.S. citizen or permanent resident, it’s crucial to understand your rights throughout this process and how to protect your immigration status.
1. The Right to Petition for Permanent Residency
One of the main rights is the ability to file a petition for permanent residency. If you are a U.S. citizen or lawful permanent resident, you can submit a petition for your spouse to obtain legal status and live permanently in the United States.
2. Protection from Deportation
During the adjustment of status process, the immigrant spouse has the right to remain in the United States without fear of deportation as long as their application is pending and properly filed. Additionally, they may be eligible for a work permit (Form I-765) and a travel permit (Form I-131), allowing them to work and travel while their case is being processed.
However, it’s important to note that if an immigrant is already in removal proceedings, marriage to a U.S. citizen or permanent resident can be a key factor in defending their status and avoiding deportation.
3. Rights of Immigrant Spouses in Cases of Domestic Violence (VAWA)
The Violence Against Women Act (VAWA) provides additional protection for immigrant spouses who have been victims of abuse or domestic violence by their U.S. citizen or permanent resident spouse. Under this law, victims can self-petition for residency without needing the involvement of their abuser.
4. The Right to Fairness and Non-Discrimination
It is important to emphasize that the immigration process should be fair and free from discrimination. Immigrant spouses have the right to have their applications treated fairly, without bias based on race, nationality, religion, or gender.
5. The Interview Process and the Right to an Attorney
The immigrant spouse will typically be required to attend an immigration interview with their U.S. citizen or permanent resident spouse. During this interview, they will be asked questions about their relationship, how long they’ve been married, and other aspects of their life together.
Conclusion
The immigration process for immigrant spouses can be complex, but with the right information and support, it is possible to navigate it effectively.
Immigration is a serious matter that deserves respect and careful attention, and having the help of an experienced immigration attorney can be essential to achieving the best possible outcome.