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.
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.