VAWA I-360 Approval: Overcoming U.S. Citizen Wife’s Fraud Accusations and Securing Permanent Residency Despite a Marriage Fallout
October 22, 2024

Table of ContenTS

The Law Offices of Sabrina Li successfully assisted a male victim in an abusive relationship to secure his VAWA I-360 approval, despite facing formal findings of marriage fraud by USCIS based on accusations made by his own U.S. citizen wife. Our client’s resilience, combined with our strategic approach, transformed what seemed like an insurmountable obstacle into a meaningful victory for his future in the United States. We are proud to share this powerful story with you.

Green Card Application Denied After Wife Accuses Immigrant of Marriage Fraud

Our client came to the United States in 2015, initially pursuing asylum. He later met his U.S. citizen wife, and they entered into a seemingly loving marriage. In 2017, his wife filed a marriage-based green card application on his behalf. However, during the 2019 green card interview, discrepancies arose between their answers on certain key details, leading USCIS to issue an Intent to Deny on the I-130 petition. Despite his attempts to resolve the situation on his own, the case’s complexity continued to build.

As the years passed, the situation deteriorated further when USCIS launched a deeper investigation into the marriage. His wife claimed the marriage was solely to secure our client’s immigration status and alleged that he was paying her monthly to maintain the facade. Subsequently, USCIS denied his I-485 green card application, asserting that the marriage was fraudulent and that the client had provided false testimony.

Uncovering the Truth: VAWA Self-Petition as a Path Forward After Sham Marriage Accusation

The USCIS findings initially presented an overwhelmingly negative outlook. To USCIS, the marriage appeared to be fraudulent, backed by statements from the wife that suggested a marriage purely for immigration benefits. However, our client reached out to us, and after conducting a detailed case review and in-depth consultations, we discovered a much more complex reality beneath the surface.

Throughout the marriage, his wife exhibited controlling and manipulative behaviors, even making threats to report him to immigration if he didn’t comply with her financial demands. She also falsely accused him of abuse and fabricated details of their relationship. These circumstances indicated that our client could potentially qualify for a self-petition under the Violence Against Women Act (VAWA), providing a way to secure immigration status independently as a survivor of spousal abuse.

Building a Strong VAWA I-360 Case: Documenting Abuse and Countering Fraud Allegations

With our guidance, the client made the decision to pursue a VAWA I-360 self-petition. Although the case was complex, we collaborated closely with him to collect robust evidence that substantiated the validity of his marriage and highlighted the abuse he suffered. This evidence included witness statements, chat records, photographs, and other documentation painting a clear picture of the relationship and exposing the wife’s fabricated claims.

We promptly prepared and submitted the VAWA I-360 application, presenting a comprehensive set of documents that illustrated the emotional and financial abuse he endured. Our detailed submission countered the accusations and provided a thorough account of the manipulation and intimidation tactics employed by his wife.

Understanding VAWA: Protecting Abused Immigrant Victims

The Violence Against Women Act (VAWA) provides a vital pathway for immigrant victims of abuse to secure legal status independently of their abusive spouses. Under VAWA, both men and women who have been subjected to battery or extreme cruelty by a U.S. citizen or lawful permanent resident spouse may self-petition for immigration relief without the abuser's knowledge or involvement. This important legislation empowers victims to escape abusive situations and pursue a stable future, free from coercion or intimidation. By enabling victims to apply for status on their own, VAWA offers a lifeline, allowing individuals to reclaim their independence and take essential steps toward securing safety and well-being for themselves and their families.

Facing Baseless Marriage Fraud Accusations or Need VAWA Assistance? Contact the Law Offices of Sabrina Li

This case underscores the expertise and fierce advocacy of the Law Offices of Sabrina Li in defending clients against baseless marriage fraud accusations and navigating challenging immigration paths. Our founding attorney, Sabrina Li, is certified by the State Bar of California as a legal specialist in immigration and nationality law. Under her leadership, our team is experienced in handling complex immigration cases, particularly those involving VAWA petitions and unfounded fraud allegations. If you or someone you know is facing similar challenges, contact our office today at (213) 375-8096 or email info@sabrinali.law to receive the strong and dedicated representation you deserve throughout your immigration journey.

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