IMBRA was introduced in a bid to guard people especially women and children who move to the United States through marriage-based visas. The aim is to protect such individuals from possible abuse from the sponsoring spouses.
In a marriage-based green card, both the petitioner from the United States and the beneficiary can be interrogated with individual questions about the relationship. This article explains all you need to know in detail.
What Is IMBRA?
IMBRA was brought into law in 2005 based on previous horrendous incidents where women on a green card marriage basis were abused or even murdered by their sponsors, who were U.S citizens. The employees feel socially isolated, they lack culturally, and they often lack the language skills to understand or navigate the host country’s resources, especially in situations that would necessitate help in cases of abuse or violence mail-order brides for example often enter a system of brokered marriages, they lack support systems and are described by the author as unable to access the potential resources that would help them.
That is why the Act aimed at such people as being protected when their sponsor will provide them with necessary information on their rights and their sponsor’s criminal records and how they can seek help if the relationship becomes toxic.
Key Aspects of IMBRA
IMBRA includes several provisions to safeguard individuals coming to the U.S. through marriage brokerages:
Mandatory Background Checks:
U.S. citizens sponsoring a marriage green card must undergo a criminal background check, and the results will be shared with the applicant.
Marriage Broker Disclosure:
If a couple met through a marriage broker, it must be disclosed to the U.S. Citizenship and Immigration Services (USCIS). If the broker doesn’t meet certain standards, it could affect the approval of the green card application.
Online Dating Disclosure:
Couples who meet online must be prepared to discuss their online dating history and the website they use.
Limit on Serial Petitions:
A U.S. citizen can apply for no more than two K-1 visas (fiancé(e) visas) in their lifetime. However, this limit does not apply to spousal visas.
Rejection for Past Violations:
If a sponsor has a history of violent or sexual crimes, such as murder, assault, or abuse, they will be disqualified from sponsoring a green card applicant. Waivers are available but difficult to obtain.
Penalties for Lying:
If the sponsor or applicant provides false information, they could face legal consequences, including fines or imprisonment.
Know Your Rights
In the U.S., child abuse, domestic violence, and sexual assault are illegal, regardless of the victim’s immigration status, gender, age, race, or sexual orientation. These protections apply across all states and are enforced by both civil and criminal law.
As part of IMBRA, USCIS provides information on legal rights for those experiencing abuse. They offer resources like the pamphlet “Information on the Legal Rights Available to Immigrant Victims of Domestic Violence in the United States”, which guides how to seek help.
Additional Protections for Immigrants
In addition to the protections provided by IMBRA, U.S. laws such as the Violence Against Women Act (VAWA) offer further safeguards. VAWA, passed in 1994, provides support for women (including immigrant women) who face domestic violence. It ensures that victims can access legal resources, even if they are in the process of obtaining documentation. Though the law faced challenges under the Trump administration, there are ongoing efforts to reinstate it fully.
IMBRA plays a crucial role in protecting individuals who come to the U.S. through marriage-based visas, ensuring their safety and legal rights. By requiring background checks, disclosing brokered relationships, and providing access to vital information, the Act helps protect vulnerable immigrants from potential abuse. If you’re applying for a marriage-based green card, understanding your rights and the protections available to you is essential.
