Although people may think that the terms permanent resident and citizen can be used interchangeably, they do not mean the same thing. Understanding the differences and how they apply to you, is the first step to knowing your rights and responsibilities. For example, under certain circumstances, you can be deported even if you are a permanent resident. To protect yourself, understand these terms and the meaning of each. A Lawful Permanent Resident This is someone who has been granted the right to live in the United States indefinitely—meaning there is no timeline when it will expire. To be clear, that doesn’t mean it cannot be revoked, but we will go over that in a moment. These people have a Permanent Resident Card, commonly referred to as a “green card.” This is legal identification that displays your photo and status. When you are a permanent resident, you are still a citizen in another country. You cannot receive a passport from the United States, but your green…Read More
The Violence Against Women Act (VAWA) creates a special provision in the United States immigration law that protects the victims of domestic abuse who are not U.S. citizens. Typically, if you are the spouse, child, or parent of a U.S. citizen or permanent resident, that person will have to apply for a green card on your behalf. However, under VAWA, you may be able to obtain legal immigration status on your own. Here are some further frequently asked questions about VAWA. What Is A “Derivative?” A derivative is an individual who is not a United States citizen who can obtain legal immigration status through another non-citizen who is the principal applicant. For example, an abused person seeking status under VAWA may also seek status for their minor children. What Are “Inadmissibility Grounds?” Inadmissibility grounds are reasons why an individual cannot be admitted to the United States. These grounds can include things such as certain criminal convictions or committing different types of fraud. You may not…Read More
If you are married to a U.S. citizen or lawful permanent resident of the United States, you can apply for a marriage-based visa or green card. There are some important requirements that you should consider before making this application, including, but not limited to: You Must Be Legally Married In order to qualify for a marriage-based visa or green card, you must be able to establish that you are legally married. A legal marriage is one that is recognized by the government of the country where you were married. This typically means that a record of your marriage can be found in a government office. Domestic partnerships are not typically recognized as legal marriages. However, if you lived in a country that recognized or recognizes common law marriage, you may be able to establish that fact. Your Marriage Must Be Bona Fide A bona fide marriage is one in which both people, from the start, intend to remain married and establish a life together. This…Read More
A K-1 visa, also known as a fiancé visa, allows an engaged partner of a United States citizen entry into the United States as long as the couple plans to get married within ninety (90) days of entry to the United States. The newly married spouse can then apply for a green card based on the marriage. K-1 Visa Requirements There are a number of specific requirements for a K-1 visa, including, but not limited to: The sponsoring fiancé must be a U.S. citizen. Green card holders cannot sponsor their fiancé. Both partners must be eligible to marry. This means they can’t already be married to someone else. Prior annulments, divorce decrees, and death certificates should be provided to prove eligibility. K-1 visas are allowed for same-sex couples regardless of the laws in the sponsored fiance’s country regarding same-sex marriage. You must prove the legitimacy or the bona fide nature of the relationship. This can be demonstrated through photographs, evidence of trips taken together, affidavits…Read More
When submitting a petition under the Violence Against Women Act (VAWA), one of the requirements is that you establish that you are a person of good moral character. Good moral character has an ambiguous definition in the Immigration and Nationality Act [hereinafter, the “INA”], but there are some specific items that officials look for to determine whether a person is a person of good moral character. There are a number of different ways you can prove that you are a person of good moral character, including, but not limited to, the following Police Clearance Records Submitting police clearance records from anywhere that you have lived for at least six (6) months in the past three (3) years can help establish that you are a person of good moral character assuming these records show that you have never been arrested or charged with a crime. You can obtain these records by going to the police station. Most states also have official statewide criminal records search websites…Read More
There has been a substantial increase in domestic violence cases as a result of COVID-19. The inequalities and issues related to domestic violence have always been there, but the pandemic has brought them to light. Comprehensive data is not available because many cases go unreported. However, now that family members are stuck at home with their attackers, the numbers are on the rise. The National Domestic Violence Hotline reported a 9% increase in calls between March and May of 2020. Cities across the country are experiencing an increase. The New York City Police Department reported a 10% increase in domestic violence reports. Police in San Antonio reported an 18% increase in family violence cases. VAWA Can Help If you are an immigrant who has suffered from domestic violence, then the Violence Against Women Act may be able to help. VAWA provides an avenue for immigrant victims of domestic violence to obtain a green card without relying on abusive spouses, parents, or children to sponsor them.…Read More
Deferred Action for Childhood Arrivals (DACA) is an agreement by the U.S. government not to deport certain individuals. It is not a guarantee of a green card or citizenship. Having an attorney for your DACA petition is not required. However, if you would like to eventually achieve legal status in the United States, having an experienced immigration attorney on your side can be helpful for you and your family. Here are some reasons you should consider hiring an attorney for your DACA petition: Experience With The System You likely have little experience dealing with United States immigration law and may not know all the necessary processes. An experienced immigration attorney knows the hurdles that lie ahead and how to approach each step. An attorney deals with these laws every day and knows the ins and outs of filing immigration applications and how to win your case. Paperwork Even if you clearly qualify for DACA, having the right paperwork is what counts. An experienced immigration attorney…Read More
Both the T and the U visas were created by Congress to encourage the victims of certain serious crimes to cooperate with law enforcement in exchange for legal status in the United States. There are important differences between the two visas, and different types of evidence are necessary to establish eligibility. You should consult with an immigration attorney to determine which is the right visa for you. T Visa Holders Must Have Been “Trafficked” Into The United States The T visa is only available for the victims of human trafficking. An individual must be present in the United States as a result of the trafficking, which may include someone who was in the United States for a vacation or another purpose and then became the victim of trafficking. To be eligible for a T visa, a victim must have been recruited, forced, abducted, or deceived into coming to the United States by the perpetrator of human trafficking. It does not matter whether the applicant was…Read More
U visas and VAWA petitions are different in many ways. If you have been the victim of a crime, determining which avenue is best for you can be complicated. You may want to consult with an experienced immigration attorney to determine which immigration path is right for you. No Limit On VAWA Petitions U visas have an annual 10,000 visa cap. VAWA petitions have no cap. This means that a U visa applicant may have to wait until the following year if the cap has been met. Faster Path To A Green Card With A VAWA Petition After your U visa application is approved, you may be placed on a waitlist for several years before the visa is actually available. This is due to the 10,000 visa cap. After receiving your U visa, you will then have to wait three (3) years before applying for a green card. The approval process for a VAWA petition can range from several months to two years. You can…Read More
While an attorney is not required for your petition under the Violence Against Women Act (VAWA), there are some important reasons you should consider hiring one. Determining Your Potential Eligibility There are some distinct requirements that are necessary to establish that you qualify for a green card under VAWA. An attorney can look at your situation before you even begin the application process and determine whether you have a chance of being successful in your application. If you’re not eligible for VAWA, the attorney may find another visa program you can consider. Determining What Evidence You Need Applying for VAWA doesn’t just involve filling out a few forms and hoping for approval. You must provide concrete evidence establishing all of the necessary elements in order to qualify. This can be complicated, and you may not know exactly what is necessary to prove your case. An attorney, especially one with experience in VAWA cases, can help determine exactly what evidence is necessary to establish your case.…Read More
