Beware the Restraining Order Immigration Scam

This week, I assisted a man in court who was falsely accused of abuse by a woman he had married, who was from Brazil. They had been married only weeks, and she moved to the other end of the state and got an ex parte restraining order under Mass. General Laws, Chapter 209A. Fortunately, I was able to show that she had lied, and the order was dismissed a few days later.

But most people in that situation are not so fortunate.

She was trying to play the new, exciting game called, "Marry an American chump and falsely accuse him of abuse", in order to get a short cut to citizenship under provisions of the Violence Against Women Act (VAWA)

There is a growing industry in immigrant communities which tries to use false-allegation restraining orders as a first step to get citizenship. The method is even preached from the pulpit in some churches. You get a restraining order, and then apply to the immigration authorities for a "domestic abuse" citizenship exception.

The law says:

To be eligible for adjustment of status under the VAWA II, the woman must show one of the following:

• Their marriage was ended within the past two years for reasons connected to domestic violence;
• The abuser lost his or her immigration status within the past two years for reasons related to domestic violence;
• If a US citizen, the abuser died within the past two years; or The abuser was or is a bigamist.

Under the VAWA law, the "victim" merely has to end the marriage, claiming "domestic violence".

For some examples of terrible stories about how trusting spouses (always men) are abused by lying illegal immigrants using VAWA, see here.

Male Americans, beware.