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AAO I-360 Victory: Spouse's Suicide Was Domestic Violence

March 30, 2015 (1 min read)

"On appeal, the petitioner contends that I-A- subjected her to verbal, physical, sexual, and psychological abuse which included repeated threats and graphic descriptions of suicide. The petitioner asserts further that I-A-'s threats to kill himself, the petitioner, and their child played an integral role in the abuse, and that I-A- used these violent threats as a method of controlling her and which conforms to well-documented patterns of domestic violence. The petitioner also contends that I-A-'s suicide, after many years of threats, was his last act of domestic abuse committed against the petitioner, as he knew that she would be the one to find him and would have to deal with the aftermath of his actions.

A de novo review of the record reveals that the petitioner has established that I-A-'s suicide, and his resulting loss of immigration status, was due to an incident of domestic violence. On appeal, the petitioner cites to credible and substantive evidence that in the field of domestic violence assessment, threats of homicide or suicide are a recognized form of coercion used by abusers to exert power and control over their victims. The testimony and other evidence in this particular case establish that I-A-'s suicide was part of a larger pattern of abuse. The record contains probative and detailed testimony regarding I-A-'s history of suicide threats as a method of control, in addition to other forms of physical, sexual, and psychological abuse. The petitioner has demonstrated that she was the bona fide spouse of a lawful permanent resident and that I-A-'s suicide and resultant loss of lawful permanent resident status were due to an incident of domestic
violence pursuant to section 204( a )(1 )(B)(ii)(II)( aa )( CC)( aaa) of the Act.

The petitioner has established that she had a qualifying relationship with a lawful permanent resident of the United States. The petitioner meets all the remaining statutory requirements. Accordingly, the petitioner has demonstrated that she is eligible for immigrant classification under section 204(a)(l)(B)(ii) of the Act, 8 U.S.C. § 1154(a)(l)(B)(ii)." - Matter of X- Feb. 12, 2015.