Matrimonial Immigration

Maine Immigration Attorney

SPOUSAL IMMIGRATION:

U.S. Citizens ("USC") and Lawful Permanent Residents ("LPR" or "green card holder") can both sponsor the immigration of their same or opposite sex spouses, so long as they can show that their marriage is:

Legally valid, where it occurred; and
"Bona fide", which means the marriage is not just a convenient way for the spouse of the USC or LPR to become an LPR themselves.

Spouses of USCs have a number of immigration advantages that spouses of LPRs do not, making the process easier for them. For example, spouses of USCs may be able to "adjust status" in the U.S. instead of having to pursue an immigrant visa at a U.S. Embassy or Consulate. They also benefit from certain "inadmissibility" exceptions. Spouses of USCs are also not subject to annual visa caps (or a limit on how many of these visas are available). For more information, Contact Us for an initial consultation.

WIDOW(ER) IMMIGRATION:

Options for foreign widow(er)s of U.S. citizens ("USC") and LPRs also differ.

If a US citizen dies during or before petitioning for their foreign spouse, this foreign spouse may still be able to become an LPR. The foreign widow(er) must prove that:

S/he was legally married (and not legally separated or divorced) at the time their USC spouse died;
the marriage was "bona fide" - i.e. the marriage was real and not just to get a green card;

If the USC died before filing, the foreign widow must file a petition within two years of the USC's death. Children of foreign widow(er)s may be able to immigrate with their parent if they are unmarried and under age 21 at the time of filing.

For the widow(er) of an LPR, everything depends on when the LPR spouse died. If it was:

Before submitting a petition for their foreign spouse: The foreign spouse will not be able to immigrate on the basis on this marriage.

After submitting a petition, but before its approval - if the foreign widower has been residing in the U.S. before and after their LPR spouse died, it may be possible to avoid cancellation of the petition both for the widow(er) and for any minor children included in the petition
After approval of the petition, it may be possible for the widow(er)'s petition to be reinstated, but not for any derivative minor children to be reinstated. For more information, Contact Us for an initial consultation.

SPOUSES and DOMESTIC VIOLENCE

USC or LPR spouses (and/or their children) who are being or have been abused by their USC or LPR spouse, may be able to immigrate, without remaining in the abusive relationship and without the USC's or LPR's continued sponsorship.

This is possible under the Violence Against Women Act (VAWA).

For more information, Contact Us for an initial consultation.