When it comes to marriage, love is the only factor that works, even in immigration. If you think that you have been forced into a marriage, you should keep in mind that the United States Citizenship and Immigration Services (USCIS) have a specific set of reminders for you.
Is my Arranged Marriage a Forced Marriage?
According to the legal assessment of the USCIS, an arranged marriage is a common practice in many cultures and is not the same as forced marriage. The notable differences are the following:
- In an arranged marriage, families may play a role in choosing the marriage partner, but both individuals are free to choose whether or not to marry and when to get married.
- A forced marriage happens when families or others not only arrange the marriage but also deny the individuals to be married the ultimate choice of whether, when, and whom to marry.
Are you a victim of Human Trafficking, Guised as Forced Marriage?
Human Trafficking is a crime. Sometimes, human traffickers will use a marriage to get their victims into the country. The USCIS provided the following information:
Under federal law, human trafficking involves exploiting someone to compel a commercial sex act or forced labor. Generally, this exploitation must involve force, fraud or coercion to be considered human trafficking. (However, if someone under 18 years old is induced to perform a commercial sex act, that is considered human trafficking even if there is no force, fraud or coercion.) Forced marriage and human trafficking are distinct forms of abuse. While both forced marriage and human trafficking are forms of abuse that exploit the victim, not all forced marriages involve human trafficking.
In the next part of this series, let us look at what happens to those who are victims of forced marriages and the legality of their US Visa.
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Disclaimer
The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
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