Can I apply for green card as an abused spouse if my husband lied about his criminal history?

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Can I apply for green card as an abused spouse if my husband lied about his criminal history?

I have been married to a US citizen for 6 months. A week after we got married we had an argument that turned physical and I called the police (he hit me and threatened me but I didn’t have any injuries). A temporary order of protection was issued but we still live together. When I went the DA’s office to sign the waiver that I don’t want to press charges, I found out from the DA (she showed me his criminal history) that he had multiple arrests and convictions and spent few years in jail. All that happened before we met, and he never told me about it.

Asked on December 30, 2011 under Immigration Law, New York

Answers:

Dustin Bankston / Bankston Immigration Law Office

Answered 9 years ago | Contributor

I don't know that whether your husband lied about his criminal conviction will have any bearing on your case.  However, there is a form of relief known as the Violence Against Women Act, or VAWA, for battered spouses of US citizens.  You may be able to get a green card through this method depending on the facts of your case.


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