IMBRA opens up the possibility that a South Asian women who immigrates to the United States on a K-visa and gets battered by her spouse could be eligible for T or U-visa relief.
Unfortunately however, while IMBRA requires that information be made available to spouses immigrating on K-visas, the legislation does not create similar protections for women who immigrate to the United States on other family-based, professional or student visa categories.
This would seem a logical extension of the existing provisions of IMBRA which require the tracking of K-visas.
IMBRA does not represent the first attempt to regulate the IMB industry.
This declination to recognize the IMB problem as one of trafficking has continued even as the law, culminating with IMBRA, has come to see the IMB problem primarily as one of domestic violence rather than marriage fraud.
In each area, consistent with the general movement of the law since the 1980s, IMBRA approaches the IMB industry as posing primarily a problem of domestic violence rather than trafficking, and deems the solution primarily to be the correction of an informational imbalance rather than a power imbalance.
IMBRA begins by attempting to impede the willingness of IMBs to provide services to violent men by amending [section][section] 214(d) and (r) of the Immigration and Nationality Act (INA).
By changing who may obtain a fiance(e) visa and when, IMBRA aims to prevent both serial-petitioning, which Indle King attempted while plotting the murder of his mail-order bride, and the issuance of visas to petitioners with violent criminal histories.
Moreover, even if IMBRA prevents some individual traffickers from obtaining fiance(e) visas, IMBRA's changes to the petition process will tend to prevent domestic violence more than organized forms of trafficking.
Under IMBRA, serial petitioners, perpetrators of domestic violence, and individuals who use force to traffic will thus find it more difficult to obtain a fiance(e) visa.
First, IMBRA obligates the Secretary of Homeland Security to create a monitoring database, which will track any petitioner who has filed multiple petitions for fiance(e) or spouse visas.
93) Pursuant to IMBRA [section] 833(a), this informational pamphlet will be created by the Secretary of Homeland Security, in consultation with the Attorney General, the Secretary of State, and relevant nongovernmental organizations (NGOs).