What Is Forced Marriage and What Immigration Protections Are Available?

What Is Forced Marriage?

Forced marriage means a marriage with one or more elements of force, fraud, or coercion where one or both parties do not or cannot consent. Consent means you have given your full, free, and informed agreement to marry your intended spouse and to the timing of the marriage. Forced marriage can occur when family members or others use physical or emotional abuse, threats, or deception. It can be both a cause and a consequence of domestic violence, dating violence, sexual assault, or stalking.

Some signs that may accompany a forced marriage include: feeling you did not or do not have a choice of spouse or timing; being threatened with abandonment, isolation, or abuse for refusing; fear of consequences of saying no; being closely monitored to prevent you from seeking help; believing that you or people you care about would be harmed if you refuse; and having documents, money, or devices taken away to compel compliance.

Arranged Marriage vs. Forced Marriage

Arranged marriage is a common practice in many cultures and is not the same as forced marriage. In an arranged marriage, families may play a role in selecting the partner but both individuals are free to choose whether to marry and when. Forced marriage differs in that families or others not only arrange the marriage but also deny the individuals the ultimate choice of whether, when, and whom to marry.

Forced Marriage and Human Trafficking

Under federal law, human trafficking involves exploiting someone to compel a commercial sex act or forced labor through force, fraud, or coercion. Forced marriage and human trafficking are distinct forms of abuse — while both involve exploitation of the victim, not all forced marriages involve human trafficking.

The US Government's Position

The US government is opposed to forced marriage and considers it a serious human rights abuse. If the victim is a child, forced marriage is also a form of child abuse. In some states, forced marriage is a crime. In all states, those who force someone to marry may be charged with violations of laws against domestic violence, child abuse, rape, assault, kidnapping, threats, stalking, or coercion — and may also face immigration consequences including inadmissibility or removal from the United States.

If you have been or are being forced into marriage, you are not at fault and you have not violated any US laws by entering into the marriage.

Where to Get Help

If you are in immediate danger: call 911.

Available 24/7: the National Domestic Violence Hotline at 1-800-799-SAFE (7233), and the National Human Trafficking Hotline at 1-888-373-7888.

If you are a US citizen outside the United States being forced into a marriage, contact the nearest US Embassy or Consulate for assistance.

If You Are Being Forced to Sponsor a Spouse or Fiancé(e)

If you are a US citizen or LPR being forced to sponsor a spouse or fiancé(e) for an immigration benefit, you may withdraw your petition at any time before USCIS issues a decision — or, if already approved, before the person is admitted or granted adjustment of status. Be aware: withdrawal may trigger automatic notifications to the address on file, meaning your spouse or fiancé(e) may receive a notice. Before withdrawing, consult with an immigration attorney or accredited representative familiar with forced marriage situations to discuss your options and plan for your safety.

Immigration Relief for Forced Marriage Victims

If you are a foreign national who has been forced into a marriage or fears being forced to marry, you may be eligible for one or more forms of US immigration relief:

• Asylum — if you fear persecution in your home country;
• Special Immigrant Juvenile (SIJ) classification — for certain minors;
• Self-petition under VAWA — if you were abused by a US citizen or LPR spouse;
• I-751 abuse waiver — waiver of the joint filing requirement for conditional permanent residents based on battery or extreme cruelty;
• T nonimmigrant status — if the forced marriage involved human trafficking; or
• U nonimmigrant status — if the forced marriage constituted a qualifying crime.

To find authorized immigration service providers, visit the Find Legal Services page.