Can Emotional Abuse and Forced Marriage Justify Expediting an Asylum Case in the U.S.?
I was forced into an abusive arranged marriage and have faced threats and emotional abuse from my husband’s family. I’ve applied for asylum in the U.S. Can I expedite my case, and are there other legal protections available to me?
Expert Answer:
Overview of U.S. Immigration Protections:
U.S. immigration law provides various avenues of protection for individuals experiencing abuse, persecution, or threats. In your case, asylum and protections under the Violence Against Women Act (VAWA) may both be relevant. Additionally, expedited asylum processing may be possible if you can demonstrate urgent humanitarian concerns.
1. Asylum Based on Abuse and Threats
Eligibility:
To qualify for asylum, you must show you have been persecuted or fear persecution in your home country based on:
- Race
- Religion
- Nationality
- Political Opinion
- Membership in a Particular Social Group (PSG)
Your experience with a forced marriage, abuse, and threats could qualify under PSG if it ties to societal or cultural practices that target women.
Expediting the Asylum Case:
To request expedited asylum processing:
- Submit a written request to USCIS or the immigration court, detailing why your case is urgent.
- Provide evidence, such as:
- Threats to your family in your home country.
- Medical or psychological evaluations showing the emotional toll.
- Proof of abuse or coercion (messages, affidavits, reports on gender-based persecution).
2. VAWA Protections for Survivors of Abuse
Eligibility:
Under the Violence Against Women Act (VAWA), certain immigrants who have experienced abuse by a U.S. citizen or lawful permanent resident spouse or family member may self-petition for immigration relief.
Key points:
- You do not need to stay in the abusive relationship to qualify.
- Emotional and psychological abuse count as abuse under VAWA.
Steps to Take:
- File Form I-360 (VAWA Self-Petition) with supporting evidence of the abuse.
- If approved, you may qualify for adjustment of status to lawful permanent resident (green card holder).
3. Differences Between Asylum and VAWA
| Asylum | VAWA |
|---|---|
| Protects against persecution in home country. | Focuses on abuse within the U.S. from a spouse or family member. |
| Requires a credible fear of harm or persecution. | Requires proof of abuse (physical or emotional) by a U.S. citizen or green card holder. |
| May lead to expedited processing. | Offers a pathway to permanent residency without requiring a sponsor. |
4. Practical Advice and Next Steps
Consult an Immigration Attorney:
- An attorney can help you decide whether to pursue asylum, VAWA, or both.
Gather Evidence:
- Keep documentation of threats, abuse, or emotional trauma.
- Obtain affidavits from witnesses who can corroborate your experiences.
File Expedited Requests:
- If asylum is your primary route, submit an expedited request detailing the threats and emotional toll.
Consider VAWA if Eligible:
- If your husband is a U.S. citizen or lawful permanent resident, VAWA may be a faster and more secure option for relief.
Conclusion
Yes, you may be able to expedite your asylum case based on the abuse, threats, and blackmail you’ve experienced. Additionally, if your husband is a U.S. citizen or green card holder, you should explore VAWA protections, which offer another pathway to safety and legal status in the U.S.
Relevant Legal Framework and Resources:
Let’s Get Started
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