Would it be possible for a foreign woman who entered the US as a student and whose visa expired ,to obtain a green card under the "abuse woman law" if she is still legally married to an american citizen who has a criminal record ,and she left him because of the abuse ?The story is about a friend of mine who got married to an american citizen and they're still legally married, but no longer reside together because he was very abusive to her ,and he did not tell her before they got married that he was in prison for 11 years for murder .Now that they are no longer residing together , is it still possible for her to apply for a green card ?
Thank you for enlightening me on this .
In certain circumstances, immigration law does offer an avenue to permanent residence (green card) to foreign nationals married to abusive U.S. citizens or permanent residents. Because these are very difficult cases, your friend should consult with an immigration attorney familiar with VAWA (violence against women act) applications immediately.
The laws regarding battered spouses allow for the adjustment of status of those foreign nationals who can prove abusive relationship with citizen spouses. I am currently working on a very similar case. USCIS requested immense amounts of documentation. Your friend should consult with an immigration attorney who is skilled in VAWA cases to see if she is eligible for the benefit. There may be other ways for her to obtain lawful status depending on her circumstances.