If you are the target of a forced marriage scheme, you may qualify for a visa under United States immigration laws. Immigration benefits you may be eligible for include asylum-based immigration, protection under the Violence Against Women Act (VAWA), or a nonimmigrant visa if you are the target of human trafficking or other crimes. It is not your fault that you are in this situation, whether you are being forced to marry someone or have already gone through with a forced marriage. And you do not have to go through this alone.
Getachew & Ansari Immigration Attorneys, P.C., stands ready to help you exercise your legal rights under United States immigration and human rights laws. You may qualify for asylum, be able to withdraw your supporting petition, file a visa self-petition under VAWA, or seek other relief. We welcome the opportunity to have a confidential conversation with you about what you are going through and how we can assist you.
What Is a Forced Marriage?
According to the United States Citizenship and Immigration Services, a forced marriage is where one person does not have the freedom to consent to or reject a marriage proposal.
Additionally, the person must be coerced or tricked into agreeing to and carrying out a marriage with someone.
For example, a United States citizen might threaten to have a nonimmigrant deported if they do not marry a U.S. citizen. Or someone may threaten to abuse or abandon another person unless they marry them. Children cannot consent to a marriage, so any instance where an adult is marrying a child or making a child marry someone would be considered a forced marriage and child abuse.
How Is a Forced Marriage Different From an Arranged Marriage or Human Trafficking?
In an arranged marriage, someone’s family members choose who someone is to wed; however, the person still has the choice to accept or reject the proposal. Likewise, the person can decide when and where the wedding occurs, if at all.
In contrast, forced marriages are where someone is coerced, forced, or tricked into marrying someone. They do not have a free choice about who they get married to, when, or where.
Additionally, they may fear physical, emotional, or other harm if they do not go along with the marriage proposal. Or they may not be told the truth about the person they are to marry or the circumstances.
Human trafficking is where someone is forced to perform sex acts or labor for commercial purposes. While it may involve forced marriages, human trafficking is separate from forced marriages.
Is There Asylum for People Who Are in Forced Marriage?
People who are in forced marriages may be able to seek asylum to make a fresh start and free themselves from the unions. They may also qualify for other forms of relief due to the violation of their human rights.
Additionally, someone who is in a forced marriage may be able to complete the visa application process by filing a self-petition. Doing so would mean they may sponsor themselves and avoid having the United States government notify their spouse.
Eligibility and Application Process for Asylum Due to Forced Marriages
To qualify for asylum, you must prove that you are the target of actual or feared persecution.
You must also be physically present in the United States and apply for this visa within one year of your arrival.
Unlike in other types of immigration proceedings, you may not have to have your spouse file a supporting petition. Instead, you could ask the United States government for permission to file a self-petition based on something like the Violence Against Women Act or VAWA.
VAWA applies to both men and women who are the target of abusive or cruel practices.
The first step would be to file the self-petition and the application. You may have to submit supporting documents, such as a copy of your birth and marriage certificates, updated photographs, and other details about you and your marriage. Then, you may have to participate in an interview with agents that work for the United States government.
What Happens If Your Forced Marriage Asylum Application Is Denied?
If your forced marriage asylum application is denied, you may be able to challenge this decision by filing an appeal. The denial letter you receive will tell you what your appeal rights are. You can also reach out to an immigration lawyer to help you determine the next steps.
You may also qualify for a different type of visa, such as for people who are being trafficked or other need-based immigration requests.
Challenges in the Asylum Process for People Who Are in Forced Marriages
As people try to request asylum because of a forced marriage, they may encounter several challenges. The first is creating a safety plan so they can protect their well-being and limit the chance for their spouse or family to harm them in the future. One way to overcome this challenge is to use the VAWA rules to file a self-petition instead of having your spouse sponsor you. You can also work with the United States government and an immigration lawyer to identify and plan for other ways to ensure your safety.
Contact an Experienced Asylum Lawyer at Getachew & Ansari Immigration Attorneys, P.C.
If you are in a forced marriage, you have legal rights. You may be able to request an asylum-based visa under United States immigration law, file your application without notifying your spouse, and seek other forms of relief. Forced marriages are unlawful in the United States and are a violation of human rights, and the US has taken a firm stance against it. Our law firm and United States law are on your side.
Getachew & Ansari Immigration Attorneys, P.C., helps people develop solutions to their immigration matters with compassion and excellence. As a team of immigrants, we can understand what our clients are going through and the importance of providing timely and straightforward legal advice. Contact us today by calling 408-292-7995 to schedule a consultation and discuss what we can do for you.
