For a marriage to be considered valid
It must meet the following criteria:
- The marriage must have been valid at the time it was performed;
- The marriage must still be in existence at the time the immigration process in completed (and not just when the application is submitted); and
- The marriage must not have been entered into for immigration purposes.
Violence Aganinst Women Act
If an immigrant has been subjected to battery or extreme cruelty she may qualify to “self-petition” for lawful permanent residence or may qualify for a different type of cancellation of removal. Deportation cancellation under this category requires the individual to show:
- 3 years of continuous physical presence;
- That he or she is the victim of battery or extreme cruelty; and
- Extreme hardship to the applicant him or herself or to a spouse, parent or child who is a U.S. Citizen or lawful permanent resident.