Q: Can my friend file a divorce case against his lesbian American wife now and get his immigration cleared ?
Can my friend file a divorce case against his lesbian American wife now and get his immigration cleared ?
My friend is in a sticky situation. He came on a Tourist Visa, overstayed the date on his I-94 and then got married to a US Citizen after a very short courtship. His wife turned out to be a lesbian and is now living with a woman. She messed up the first Immigration interview and is not showing any interest to help him out. She is not responding to his calls and messages to meet up and so it is unlikely that she will show up for second Immigration interview. Is there anything he can he do at this stage so that he can get legal settlement in this country ? If he files for a divorce now what will happen to his immigration status ?
Needless to say that he is very worried. What would you advise him to do ?
A: He should meet with an experienced immigration attorneys asap.
A: There isn’t anything that he can do with regards to immigrating through marriage; however, he might be able to file an application for benefits under a program intended to help those who are victims of abuse. It’s called the Violence Against Women Act, or VAWA, but it applies to any victim of domestic violence at the hands of a USC or LPR spouse or parent.
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