Green card concerns

Published: Tuesday | August 25, 2009


Hi Dahlia A. Walker-Huntington: I am at a crossroad in my life and don't know what to do. I am a 25-year-old green-card holder who is married to a very abusive United States (US) citizen. I, therefore, had to move from the house in which we were living. He is now under house arrest because of another criminal matter. I am currently living in another state. I just need some answers to a few of my questions:

1. I want to return to Jamaica because I am finding it really hard here. Do you think this is a good idea based on the fact that Jamaica is getting harder every day?

2. I want to be able to become a citizen. What do you think my chances are if I should return to Jamaica while I am still a green-card holder? Is it possible I will be able to stay in Jamaica and apply for my citizenship?

3. Do you think I should try to create a future here before I return to Jamaica?

4. I was reading about re-entry for permanent residents who want to leave the US for a period of time. Can you shed some more light on this - is it safe or is it a way that the Government wants to kick us out of the country?

Please help me. I really want to go home as I am depressed. Most times, I even entertain suicidal thoughts. I am afraid that I may leave the US and not able to return if I want to in the near future.

- AZ(name changed)

Dear AZ:

The decision to return permanently to Jamaica is a personal one. However, at this stage in your life a trip to Jamaica for a few weeks may be just what the doctor ordered.

You did not say how long you have had your green card. If you have a conditional (temporary) green card and have left your husband before the time to file to remove the condition, you must document that you lived with him since receiving the conditional green card. Document the abuse also.

You will need to get a divorce and file to remove the condition by yourself with the above-listed documentation two years after receiving the conditional green card.

If you have a permanent green card, i.e. one valid for 10 years, you do not have to contend with immigration authorities about your status as a permanent resident.

Abusive husband

Since you have separated from your abusive husband, you must be a green-card holder for five years before you can file an application for citizenship. You are allowed to file for your citizenship 90 days before the five-year anniversary of receiving your green card.

Among the requirements for citizenship are that no trip outside of the US during the five years preceding the filing must have been for six months or more; and you must have been in that country more than you have been overseas.

Keep these factors in mind as you travel to Jamaica and make sure that you meet all of the other citizenship eligibility requirements.

You do have the option of applying for a re-entry permit that allows permanent residents to leave the US for up to two years without losing their permanent resident status. This is a legitimate procedure that allows permanent residents who need to be outside the US to tend to business or family matters to be able to do so without the danger of losing their green cards.

Depression and confusion

Before you do anything else, you need to immediately contact a Battered Women's Shelter and or The Women In Distress organisation in your city.

Depression and confusion are quite common among persons who marry an abusive spouse. You will need professional counselling to help you through your disappointment and depression. Please do not think that you are to be blamed for your current situation - that is a hallmark of spousal abuse where the abuser makes the victim feel that they are the cause of the abuse. You will work through your current situation in time, so do not despair.

Dahlia A. Walker-Huntington is a Jamaican-American attorney who practices law in Florida in the areas of immigration, family, corporate and personal injury law. She is a mediator, arbitrator and special magistrate in Broward County, Florida. Email: info@walkerhuntington.com.