From Grand Rapids, MI

After their parents died, Carlos* brought his younger sister, Martina Castellanos* to the United States from Toluca, Mexico when she was eight-years old.

Years later, Martina met and married a U.S. citizen, Geraldo*, who was physically and emotionally abusive. At one point, he told her that she would be better off dead.

Martina came to JFON-Grand Rapids, MI, in 2008 very meek, quiet, fearful and suicidal. JFON helped Martina gather the necessary proof to file a VAWA self-petition. In preparing her VAWA application, Martina wrote story after story about how she had been traumatized by her husband and how he would constantly threaten her with deportation if she reported the abuse.

By showing that Martina and Geraldo had entered into their marriage in good faith, her I-130 application was soon approved. Martina began to worry as she waited for USCIS to schedule her I-485 (adjustment to lawful permanent residence) interview. She had two arrests that occurred when Geraldo – after attacking Martina – called the police and reported her as the aggressor. JFON worked with Martina to help her explain the arrests and to use them to show the degree of abuse and manipulation she had endured over the years.

Martina’s first arrest occurred late one night when Geraldo, in a drunken rage, kicked Martina and their 7 year old son out of the house. When she attempted to rescue their 7 month old baby, he shoved her against the wall. She was able to get one arm free and hit him in self defense. Martina pled not guilty and an order of nolle prosequi (a Latin phrase that means “not to pursue”) was entered and the charges were dropped.

The second arrest happened after Geraldo awakened Martina in the middle of the night, jumped on top of her and pinned her down. During the ensuing scuffle, Martina scratched his face several times. He then called the police and had Martina arrested a second time. Two weeks before the pre-trial, Martina got a restraining order against Geraldo. In retaliation, he would not allow Martina to see their children unless she moved in with him again. He also told her that if she moved to a domestic violence shelter, a judge would not allow her to keep their children. She later learned that she would not be charged with anything.

Earlier this month, Martina went to her adjustment appointment in Detroit. The officer was more than satisfied with our explanation of why she had two domestic violence arrests and her green card application was approved. Martina was overjoyed by the news and smiled from ear to ear. She walked out of the USCIS office full of confidence and independence – quite a change from the Martina JFON met a few years ago.

*not their real names