The website makes clear, however, that the victims of forced marriages “are not at fault and … have not violated any U.S. states, people who force someone to marry may be charged with violating state laws…” Aliens who force others to marry may also be punished under the immigration laws. states, forced marriage is a crime, and in all U.S. The USCIS website makes clear that it is the view of the United States government that forced marriages are “a serious human rights abuse.” In cases where the victim is a child, the government considers it to also be “a form of child abuse.” Furthermore, “n some U.S. The individual has had his or her travel documents, identification, communication devices, or money taken away from him or her and will not get them back unless he or she agrees to marry or remain in a marriage which he or she did not consent to. The individual believes that he or she or people he or she cares about would be hurt or even killed if he or she refuses to marry or attempts to leave a marriage that he or she did not consent to and/or The individual feels that he or she cannot refuse to marry or leave a marriage that he or she did not consent to because it would bring shame or harm to him or her or to his or her family The individual is being closely monitored in an effort to prevent him or her from talking to others about the pressure he or she is facing The individual is experiencing or is being threatened with abandonment, isolation, or physical or emotional abuse if he or she does not marry or attempts to leave a marriage which he or she did not consent to The individual feels that he or she does not or did not have a choice regarding whom to marry and when to marry The USCIS website provides a general non-exhaustive list of signs that may accompany a forced marriage ( paraphrased):
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The USCIS webpage emphasizes the distinction between a “forced marriage” and an “arranged marriage.” It explains that “n 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 occurs when one or both of the parties to the marriage are denied the choice of “whether, when, and whom to marry.” Thus, while both forced marriages and arranged marriages involve family or others playing a role in choosing the marriage partner(s), arranged marriages are distinguishable from forced marriages in that the parties to the arranged marriage retain the ultimate choice of whether to get married and when to go through with the marriage. The USCIS webpage defines a “forced marriage” as “a marriage that takes place without the consent of one or both people in the marriage.” “Consent” means that the party “ given full, free, and informed agreement to marry intended spouse and to the timing of the marriage.” A forced marriage may occur when family members of the victim or others “use physical or emotional abuse, threats, or deception to force to marry without consent.” Distinguishing Forced Marriage from Arranged Marriage
Although the information on the USCIS website comes with the provision that it “does not provide legal definitions or advice,” the webpage is cited to in the AFM for USCIS officers. The USCIS website provides information for the general public about forced marriages.
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To learn about forced marriage indicators in the context of spousal petitions involving minors, please see our full article on that issue. Department of State (DOS) on forced marriages. In this article, we will examine public information from the USCIS and the U.S. The United States Citizenship and Immigration Services (USCIS) takes special care to look for forced marriage indicators where one or both parties to a spousal petition are minors. Persons of either sex and any age can be victims of forced marriages. Furthermore, perpetrators of a forced marriage may be subject to criminal penalties as well as immigration sanctions in the event that they are not U.S. Forced marriages are not considered valid under the immigration laws. In order for a marriage to be valid under the immigration laws, it must be, among other things, entered into freely by both parties.
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