Immigration Corner | What should my brother do?

Dear Mrs Walker-Huntington,

My brother is married to an American citizen who is very controlling. She doesn’t want him to work, and whenever he does, she calls his phone every few seconds. If he does not answer, she shows up at his job.

Recently he left her and as a result she took an overdose of pills, called 911 and ended up in the hospital. Becaues of that, he went back to her. He now wants a divorce her, but he knows that if he mentions it to her, there is going to be a lot of drama.

Can he file for abandonment? If yes, on what grounds should he do so? Please note that he is an illegal immigrant.

Concerned Sister

Dear Concerned Sister:

Sadly, when we get married it does not always work out positively. Half of all marriages in America end in divorce and some end because of the very situation you have outlined. Your sister-in-law sounds as if she has some insecurity issues and that both your brother and her could benefit from marriage counselling that might lead to psychological counselling.

Having said that, it seems that your brother is in an extremely vulnerable situation being undocumented and living with a wife who has a volatile personality. I am not sure what you mean by “abandonment” and if that term is used in the divorce or immigration context. To determine what grounds are available to him to file for divorce, he should consult with an attorney in his state who practises family law. Regarding his immigration situation – he should consult with an immigration attorney. If he can find one lawyer who practises both family and immigration law that would be ideal – if not, at least have both lawyers confer with each other.

If by abandonment you are referring to his self-petitioning under the Violence Against Women’s Act petition, he needs an immigration lawyer to assess his situation at home and determine if he has been subjected to extreme cruelty by his US citizen spouse.

This scenario that you have presented is not the type of situation where your brother should be taking advice from non-professionals as there is too much at stake here, not the least of which is that if he files a fraudulent claim, he will be permanently barred from receiving US residency.

Dahlia A. Walker-Huntington, Esq. is a Jamaican-American attorney who practises immigration law in the United States; and family, criminal and international law in Florida. She is a mediator and former special magistrate and hearing officer in Broward County, Florida. info@walkerhuntington.com