Q. I came to the United States by sneaking across the border. I now have four children who are U.S. citizens, two over age 21. I have lived here for more than 20 years. Can I still get a green card?
Yamili
A. Unfortunately, unless you have a U.S. citizen or permanent resident parent or spouse, you can’t get a green card without spending many years abroad. Because you entered without presenting yourself to an immigration officer — what we call “entry without inspection” or EWI — you can’t obtain your green card in the United States.
You would have to travel to your home country to apply for your immigrant visa at a U.S. consul. Undocumented immigrants who have been here unlawfully for a year or more and leave the United States face a 10-year visa ban on returning. The law provides a waiver, but only for the spouse or child or a U.S. citizen or permanent resident.
Q. My wife, a U.S. citizen, is cheating on me. She promised to file for my green card, but she has hurt my pride and I now want to divorce her. Will a divorce end my chances of getting a permanent residence?
Mohamed
A. You can get your green card even if you divorce your wife. The law that protects you is called the Violence Against Women Act (VAWA), but it benefits men as well. You can self-petition for a green card under VAWA if you can prove that you married your wife in “good faith” — meaning you intended to live with her as husband and wife. If you decide to remain married, you can self-petition if your wife has battered you or subjected you to extreme cruelty.
You can claim “extreme cruelty” if you can show that your wife’s affair has caused you mental distress. For instance, if she used her affair to hold you up to ridicule and caused you to suffer mental anguish as a result, you can claim extreme cruelty. VAWA cases are sometimes difficult to win. Get expert legal help.
Allan Wernick is an attorney and director of the City University of New York’s Citizenship Now! project. Send questions and comments to questions@allanwernick.com. Follow him on Twitter @awernick.
