Are you in a relationship with a foreign citizen? Maybe she (or he) came to the United States as a tourist, student, or a temporary worker. Maybe you met the person during an international trip, or on the internet. You fell in love. And then you got married.

From that day on your spouse, still a foreign national, has more legal rights than you do. A foreign-born spouse who has read about the Violence Against Women Act (VAWA) may know that:

  1. A claim of abuse ensures free legal assistance and invokes federal laws prohibiting the person’s removal from the United States.
  2. The police may arrest the alleged abuser without any physical evidence.
  3. Immigration laws allow false accusers to receive welfare benefits and financial aid during the processing of their petition.

Surprisingly, the law does not require the accused to be informed of the charge, so the person is often unaware that an allegation has been made. Even more amazing, if the accused should become aware of the charge, this person is considered by law to be a “prohibited source,” and not allowed to submit any evidence that may refute the accusation.

If your immigrant spouse files a false accusation of domestic violence, you’ll need to get a good divorce attorney – see “The Immigrant False Accuser: What Do I Need to Do?”

SAVE Special Report:

Domestic Violence-Related Immigration Fraud

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