Jill Greenwald, LifeZette, May 6, 2019

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So great is the desire of millions of noncitizens to emigrate here that seemingly endless backdoors in our laws are exploited to facilitate entry into our country. One such law, the Violence Against Women Act (VAWA), was recently in the news when the House of Representatives voted 263-158 to renew the domestic violence legislation after it expired this past December.

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While an effort to reduce violence against women should have unanimous support, the details of VAWA reveal it has been manipulated by foreigners seeking legal status in the U.S. and opened the floodgates to widespread marriage fraud.

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Under VAWA, any foreign national, male or female, can report abuse by a family member without any proof.

Additionally, according to the U.S. Citizenship and Immigration Services (USCIS), “you may self-petition under VAWA … without your abusive family member’s knowledge or consent.”

The real injustice of VAWA is what happens after abuse is reported. After a self-petition is approved, an alien can begin a process to collect alimony or half the American spouse’s assets in a community property state. This is done with no opportunity for the accused spouse to defend himself or herself or contest the allegations.

The result is that unscrupulous foreign nationals can lure American citizens into a sham marriage, then allege abuse as a way to fast-track themselves toward green cards and federal benefits — all while ruining their American spouses’ reputation and finances in the process.

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The Immigration Reform Law Institute (IRLI) receives a steady flow of letters from people who claim they have been victimized by foreign-born spouses using them to gain immigration status. One of the more recognizable cases IRLI was involved in concerned whistleblower Elena Maria Lopez.

Lopez alleges she was forced to flee her home and go into hiding after her husband, a Dutch citizen, admitted he only married her to get into the U.S.

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Under VAWA, the constitutional right to be presumed innocent until proven guilty is inverted to being presumed guilty with no opportunity to be proven not guilty.

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There are no doubt cases in which aliens have been subjected to abuse by their American-born spouses. VAWA should protect those victims — but should also give the accused the opportunity of an evidentiary hearing and not simply rely on the word of the accuser. {snip}

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By comparison, immigration fraud through marriage has received far less attention. Yet is a gap in our immigration laws that must be closed immediately.