Immigration Laws and Policies Since the (1980s) - Immigration Marriage Fraudamendments Of 1986

Prior to 1986 the INS granted permanent residence fairly quickly to the foreign spouses of U.S. citizens or lawful permanent residents (LPRs). However, a number of marriages between American citizens or LPRs and foreigners occurred in order to attain U.S. permanent residence status for the foreigner. Some American citizens or LPRs agreed to marry aliens for money. After the alien gained permanent residence, the marriage was dissolved. Other cases involved aliens entering into marriages by deceiving U.S. citizens or LPRs with declarations of love, only to seek divorce after gaining permanent residence.

Concerns regarding alleged marriage fraud led to the passage of the Immigration Marriage Fraud Amendments of 1986 (PL 99-639). The law specified that aliens basing their immigrant status on a marriage of less than two years were considered conditional immigrants. To remove the conditional immigrant status, the alien had to apply for permanent residence within ninety days after the second-year anniversary of receiving conditional status. The alien and his or her spouse were required to show that the marriage was and continued to be a valid one; otherwise, conditional immigrant status was terminated, and the alien could be deported.

Battered Brides

Unfortunately, cases of spousal abuse were an unintentional result of the two-year conditional immigrant status. Particularly in cases of mail-order brides and brides from countries where women had few, if any, rights, some husbands took advantage of the power they had as the wife's sponsor. The new wives were dependent on their husbands to obtain permanent U.S. residence. Reports surfaced with the Department of Justice about wives who were virtual prisoners, afraid they would be deported if they defied their husbands or reported abuse. In addition, some of the women came from cultures in which divorced women were outcasts with no place in society.

Subsequently two laws were passed to address the plight of such abused women and their children: the Violence Against Women Act (VAWA) of 1994—part of the Violent Crime Control and Law Enforcement Act of 1994 (PL 103-322)—and the Victims of Trafficking and Violence Prevention Act (PL 106-386) of 2000. The 1994 law allowed the women and/or children to self-petition for immigrant status without the abuser's participation or consent. Abused males could also file a self-petition under this law. The 2000 law created a new nonimmigrant U-visa for victims of serious crimes. Recipients of the U-visa, including victims of crimes against women, could adjust to lawful permanent resident status based on humanitarian grounds as determined by the U.S. attorney general.