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The Matrimonial StrategistFamily LawFeaturesImmigration LawLJN Newsletters

Divorce and the Undocumented Spouse

By Laurie J. Woog
September 02, 2017

Last month, we introduced a hypothetical client named Elena, who had recently started divorce proceedings against her husband, but who soon began dragging her feet. It turned out that her husband had stopped working toward getting her a green card to stay in the country, and was threatening her with deportation, which could mean separation from her two children. And that's not all: He has frequently threatened to kill her if she continues with the divorce; doesn't let her leave the house to visit friends; tells her she is stupid; has threatened not to continue the immigration case if she doesn't cooperate sexually; and hides money from her.

In Elena's situation, her fractious relationship with her husband may provide an avenue of relief because this abusive pattern of behavior can form the basis for obtaining legal status via a “self-petition” under the Violence against Women Act, or VAWA.

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