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Title: Any new Immigration Laws?

Posted on October 16, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I know that Congress has a ‘lame-duck’ session now. I was wondering if there were any new and recent developments in the immigration laws.

Answer: There has actually been quite a bit that has been recently signed into law by President Bush. Here is the summary of those recent laws.

On November 2, President Bush signed into law the “21st Century Department of Justice Appropriations Authorization Act.” It includes the following.

Waiver of Foreign Country Residence Requirement with Respect International Medical Graduates. Extends until 2004 the “Conrad State 20” program, which allows states to request waivers of the two-year home residence requirement of INA § 212(e) for certain J–1 physicians who agree to work in medically underserved areas for a period of at least three years, and raises the number of visas available per state from 20 to 30.

Posthumous Citizenship for Non-Citizen Veterans.: Extends the deadline for allowing family members to apply for honorary posthumous citizenship for noncitizen veterans who died while honorably serving the U.S. in past wars.

Extension of H-1B Status for Aliens with Lengthy Adjudications.: Recognizing that lengthy processing times by the Department of Labor have precluded some H-1B visa holders from being eligible to apply for a one-year extension of H status pursuant to the American Competitiveness in the 21st Century Act of 2000, this provision is intended to permit aliens who have labor certification applications caught in lengthy agency backlogs to extend status beyond the six-year limitation. As long as 365 days have elapsed since the filing of a labor certification application (that is filed on behalf of or used by the alien) or an immigrant visa petition, H-1B status can be extended in one-year increments. This will be true even if the alien has since changed his or her status or left the country. If an application for a labor certification or adjustment of status or a petition for an immigrant visa petition is denied, the extended H-1B status ends at that point.

Application for Naturalization by Alternative Applicant if Citizen Parent Has Died: Amends the INA to authorize a child’s grandparents or legal guardian to submit an application for naturalization on behalf of the child under section 322 of the INA where the child’s parent, who otherwise would be authorized to submit the petition, died during the preceding five years.

Also on November 2, the President signed the “Border Student Commuter Act of 2002”. The new law amends INA §§ 101(a)(15)(F) and (M) by creating a new border commuter nonimmigrant classification under the F and M visa categories for Canadian and Mexican nationals who maintain residence in their country of nationality and commute to the U.S. for full- or part-time academic or vocational studies. The legislation was triggered by a May 22, 2002, INS proclamation that commuter students residing in contiguous territory would no longer be allowed to enter the U.S. as visitors to attend school on a part-time basis.

President Bush, on October 29, signed the “Persian Gulf POW/MIA War Accountability Act” to provide refugee status to any alien (and his or her spouse or child) who: (1) is a national of Iraq or a nation of the Greater Middle East Region; and (2) personally delivers into the custody of the U.S. government a living American Persian Gulf War prisoner of war or individual missing in action. Excepted from the Act’s benefits are persons who are ineligible for asylum (including terrorists, persecutors, certain criminals, and individuals presenting a danger to the security of the U.S.).

On September 30, President Bush signed the “Foreign Relations Authorization Act for Fiscal Year 2003” (H.R. 1646, Pub. L. No. 107–228). The Act contains numerous immigration-related provisions, including authorization for $4.97 billion in appropriations for the administration of foreign affairs in fiscal year 2003.

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Title: New Hope for Aliens in Removal Proceedings

Posted on October 13, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The Board of Immigration Appeals issued a decision, In re Ariadna Angelica Gonzalez, et al. (23 I & N Dec. 467, Interim Decision #3479, BIA 2002) on September 19, 2002 that seems to ease some of the restrictions on applying for cancellation of removal.

When an alien is placed into removal proceedings (previously referred to as deportation proceedings), there is a type of relief known as cancellation of removal. If the Immigration Judge grants the relief, then the alien will be granted lawful permanent residence in the United States. To qualify for this relief, one must show that he or she has been physically present in the United States for at least ten years prior to being placed into removal proceedings. Next, the alien must show they have good moral character and have not been convicted of certain crimes. Finally, the most difficult element to prove for this type of relief is to show that an immediate family member who is either a United States citizen or Lawful Permanent Resident will suffer exceptional and extremely unusual hardship if the he or she is removed from the United States.

Prior to In re Gonzalez, it appeared as though only those aliens in removal proceedings who had a United States son or daughter who suffered from some type of sever medical trauma would be granted cancellation of removal. Naturally, most people in proceedings could never meet such a high standard. This type of standard was not only restrictive, but unrealistic for most people to meet. Congress has allowed aliens without legal status in removal proceedings to apply for this type of relief. They have intended that long term residents should be given a real chance to be able to continue their lives in the United States without having their families torn apart and separated for years or for the rest of their lives.

The problem is with the term ‘exceptional and extremely unusual hardship.’ Clearly, any family who is separated by removal of one of its members from the United States will suffer hardship. However, for those who want to win the cancellation of removal cases, they must present facts showing that they will suffer exceptional and extremely unusual hardship. When this law was passed under the Immigration and Nationality Act section 240, there were no precedent decisions as to what constitutes this type of hardship. In reality, each Immigration Judge could have their own interpretation as to what type of hardship will fall under this standard. Previously, the Board of Immigration Appeals has issued very harsh decisions as to what constitutes this high standard of hardship. Subsequent to the issuance of those decisions, it has been practically impossible to ever get a grant of cancellation of removal from an Immigration Judge.

In re Gonzalez moves the pendulum back and gives the attorneys and the judges some realistic direction on what constitutes ‘exceptional and extremely unusual hardship’. In this case there was a single mother of six children and no family ties in Mexico. Four of her children were United States citizens. She has lawful permanent resident parents and five of her siblings are United States citizens.

The factors the Board of Immigration Appeals considered in assessing the hardship included the heavy financial burden imposed on her by having to support all of her family in her native country, the lack of any familial support for her children, the lack of any family in her native country, the children’s unfamiliarity with the Spanish language and the unavailability of any other means of immigrating to the United States.

In re Gonzalez makes it clear that ‘unconscionable’ hardship need not be shown. In deciding a cancellation of removal case, the age, health, and other circumstances of the relative must be considered if they are to live in a country with a lower standard of living.

The financial hardship on the alien was a determinative factor. The Board of Immigration Appeals noted that her children were not receiving any type of financial assistance from their father. Additionally, the Board of Immigration Appeals noted that should she be removed from the United States, it would be unlikely that she would be able to legally return to the United States in the foreseeable future.

The Board of Immigration Appeals stated that they must consider the ‘totality of the burden on the entire family’ that would result from the removal of the mother from the United States. Thus, a cumulative analysis must be made as to all of the factors relating to the hardship.

Prior to this decision, getting the Immigration Judge to grant a cancellation of removal was rare. Now, aliens in removal proceedings can present a myriad of evidence to meet the high standard of hardship that their families will suffer if they are removed from the United States.

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Is the U.S. engaging in Racial Profiling?

Posted on September 29, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

December 16, 2002 was the first “special registration call-in” program deadline. The program deadline required all males 16 years of age or older, who are citizens or nationals of one of five designated countries, and who entered the US as non-immigrants before September 10, 2002, to have registered to be fingerprinted and photographed.

A subsequent January 10, 2003 deadline applies to nationals from 13 more countries, and a February 21, 2003 deadline applies to nationals from another two countries.

This measure is yet another false solution to a real problem. Call-in registration offers us little protection because it targets people based on national origin, race and religion, rather than on intelligence information, and alienates the very communities whose cooperation we need. To make matters worse, the registration process is being wrongly applied. Instead of identifying terrorists, the INS in some local offices has used the special registration procedure to identify and detain people who are on the path to permanent residence, but are “out of status” — sometimes through no fault of their own. It makes no sense from security or resource perspectives to target people who eventually will be granted lawful status.

Not only is the call-in registration program ill-conceived, it also is being wrongly and ineffectively implemented and diverts law enforcement resources from initiatives that effectively enhance our security. The Department of Justice has not given the INS the necessary staff and resources to do its job and has not effectively disseminated information about the program. The paucity of information will make it likely that otherwise law-abiding people will not register or will fail to comply with program requirements and, therefore, be considered “per se” guilty of a criminal misdemeanor, deportable, and permanently barred from ever reentering the U.S.

Right now, it is only people from the designated countries that are targeted for this type of Special Registration. However, maybe next month, it will be another 10 countries and the month after another 10 countries. Eventually, the U.S. government might start having people who have relatives born in certain countries register. Eventually, the U.S. government might have U.S. Citizens register.

We must fight for civil liberties and constitutional due process for people here in the U.S. Of course no one wants there to be another terrorist attack. However, it is not real likely that a terrorist is going to go and Special Register. Therefore, the people whom are most likely to commit the terrorist acts are the very ones who will most likely not comply with the Special Registration requirements.

For many people in the U.S., this Special Registration is of no concern to them and they simply paint with a broad brush and state that we must prevent terrorism and that this is necessary. The critical concern is that it is the liberty and freedom of the United States that makes this country the best place on Earth to live. If that freedom and liberty is chipped away at, then the foundation of our country begins to erode.

We must do what is necessary to fight terrorism, but not impinge upon the duly protected constitutional rights of people. We must keep our civil rights and help those that are simply trying to make better lives for themselves. We must not target people and treat them unfairly simply because the color of their skin is different or there national origin is different. Otherwise, the terrorists have won.

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Do you fall under The Child Status Protection Act?

Posted on September 25, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I am very confused if I fall under the Child Status Protection Act (CSPA.) I have heard various things and just do not know if I qualify. Can you shed some light on this subject?

Answer: Yes it is true that there has been some confusion as to whether or not certain cases apply to the Child Status Protection Act. Within the last week, the Bureau of Citizenship and Immigration Services (BCIS) has issued some new interpretations of the CSPA. Unfortunately, some of the regulations limit what and who can fall under the CSPA.

First, the BCIS now states that the terms of the CSPA are not retroactive. Hence, persons whom age-out and would possibly fall under the CSPA must age-out after August 6, 2002 in order to qualify.

Question: Are there any exceptions to this age-out rule?

Answer: Yes. If you aged-out after August 6, 2002, but the petition has not yet been adjudicated or ruled upon. Also, if the petition has been ruled upon, but the adjustment of status application is still pending you would qualify for this exception.

Question: If I qualify for some other nonimmigrant visa, can I use the sections of CSPA?

Answer: No. Especially listed are the K (for fiancée related beneficiaries) and V (for persons with family petitions pending for over three years.)

Question: When is it actually determined if a person “ages-out”?

Answer: This occurs on the date of the visa number availability. Therefore, you would need to find out exactly when the visa became available and then find out exactly how old the beneficiary was on that date. This will apply not only to the beneficiary, but to the derivative beneficiaries as well.

Question: I have a friend who would have a current visa number available, but his father (the petitioner) became a U.S. Citizen and now the visa number availability is years off. Can he do anything?

Answer: Yes. A simple letter to the BCIS will suffice to show that he wants to retain the old preference. His visa number will become current, and he will be able to adjust his status.

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Can you immigrate to the United States?

Posted on September 24, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I would like to know if I am eligible to come to the United States and immigrate so I can get my Green Card. I am very confused and am unsure of the possible ways. Can you shed some light on this subject?

Answer: Through family-based immigration, a U.S. citizen or LPR can sponsor his or her close family members for permanent residence. A U.S. citizen can sponsor his or her spouse, parent (if the sponsor is over 21), children, and brothers and sisters. An LPR can sponsor his or her spouse, minor children, and adult unmarried children. As a result of recent changes in the law, all citizens or LPR’s wishing to petition for a family member must have an income at least 125% of the federal poverty level and sign a legally enforceable affidavit to support their family member.

Through employment-based immigration, a U.S. employer can sponsor a foreign-born employee for permanent residence. Typically, the employer must first demonstrate to the Department of Labor that there is no qualified U.S. worker available for the job for which an immigrant visa is being sought.

Through various special related visas for religious persons or multinational managers.

As a refugee or asylee, a person may gain permanent residence in the U.S. A person located outside the United States who seeks protection in the U.S. on the grounds that he or she faces persecution in his or her homeland can enter this country as a refugee. In order to be admitted to the U.S. as a refugee, the person must prove that he or she has a “well-founded fear of persecution” on the basis of at least one of the following internationally recognized grounds: race; religion; membership in a social group; political opinion; or national origin. A person who is already in the United States and fears persecution if sent back to his or her home country may apply for asylum in the U.S. Like a refugee, an asylum applicant must prove that he or she has a “well-founded” fear of persecution based on one of the five enumerated grounds listed above. Once granted asylum, the person is called an “asylee.” In most cases, an individual must apply for asylum within one year of arriving in the U.S. Refugees and asylees may apply for permanent residence after one year in the U.S.

Question: How many immigrants are admitted to the United States every year?

Answer: Family-based immigration is limited by statute to 480,000 persons per year. There is no numerical cap on the number of immediate relatives (spouses, minor unmarried children and parents of U.S. citizens) admitted annually to the U.S. as immigrants. However, the number of immediate relatives is subtracted from the 480,000 cap on family-based immigration to determine the number of other family-based immigrants to be admitted in the following year (with a floor of 226,000). Employment-based immigration is limited by statute to 140,000 persons per year. The United States accepts only a limited number of refugees from around the world each year. This number is determined every year by the President in consultation with Congress. The total number of annual “refugee slots” is divided among different regions of the world. For fiscal year 2003, the number of refugee admissions was set at 70,000.

The numbers may sound like a large amount. However, since so many people want to come into the U.S., there are many people who have to wait 10 to 20 years to have their turn to enter the U.S. as a Lawful Permanent Resident.

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Will the war affect my application?

Posted on September 23, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I wish the best for the troops of the U.S. in Iraq. My concern is that I have an application going forward with the Bureau of Citizenship and Immigration Services and am wondering if that will be affected. Also, I am having a friend coming into the U.S. for a visit. Will the war affect him?

Answer: It is hard to say what effect the war will have on the immigration processes. The reality is that if you or your friend are from a Muslim related country, you will most likely have to go through more security checks and will have more difficulty in obtaining the visa. Of course this is not always true, but a person whom wants a Visitor Visa from Syria will have a harder time obtaining that visa than one whom obtains a Visitor Visa through the Philippines.

As for an application you currently have, it should not be affected. For example, if you have a work permit petition through an employer, as long as you qualify for the petition and are not inadmissible under any grounds, there should not be a problem.

Question: This sounds like ‘profiling’ by the U.S. government. Is that legal?

Answer: In some respects you are correct. The U.S. government has targeted persons of Muslim countries to special register. They have deported many people who have specially registered, but are out of status. They have expelled diplomats from Iraq and have sought to detain persons from Muslim related countries who are seeking asylum.

The U.S. government does not seem to be targeting persons whom are not from Muslim related countries. However, as we are seeing, in wartime, many of the due process rights and constitutionally protected rights of certain persons are abrogated and diminished. That is why we have to constantly fight to keep the rights of those persons who are least able to fight for themselves. Yes, the U.S. government should do what it needs to do to protect its national security. However, in many cases, in the name of national security, measures are taken which end up violating certain civil liberties and constitutional protections. These violations unfortunately do nothing to protect the national security. Thus, we must fight for the rights of all immigrants in the U.S. Otherwise, what appears to be limited and small infractions of constitutionally protected rights on a few select people could eventually be directed to the more general population of the U.S.

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BCIS, BICE, and BCBP – What does it all mean?

Posted on September 22, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I am trying to follow the updates since the Immigration and Naturalization Services ceased to exist. However, I am having a very difficult time understanding all the new departments. Can you please explain?

Answer: Yes, on March 1, the INS ceased to exist. All of the agency’s immigration functions were divided and transferred into three bureaus within the Department of Homeland Security. The transition affects everything from bringing in international employees for business meetings, to the processing of pending cases that were sent to the INS, to the work authorization and visa documentation foreign nationals currently hold.

Question: Can you explain what these new departments are within the Department of Homeland Security?

Answer: The three bureaus (the Bureau of Citizenship and Immigration Services (BCIS), the Bureau of Immigration and Customs Enforcement (BICE), and the Bureau of Customs and Border Protection (BCBP)) are now responsible for all the immigration services and enforcement functions. This does not include the Immigration Court.

Question: What does the Bureau of Citizenship and Immigration Services do?

Answer: The Bureau of Citizenship and Immigration Services (BCIS) is responsible for immigration services and benefits including: the adjudication of family- and employment-based petitions; issuance of employment authorization documents; asylum and refugee processing; naturalization; and implementation of special status programs such as Temporary Protected Status. At least during the transition phase, the bureau’s structure and functions will remain fairly similar to the old INS. The former INS District Offices (newly titled local BCIS offices); Application Support Centers (ASC), Service Centers and Asylum offices will remain open and in the same locations for this transition period.

This bureau will continue to process pending applications previously filed with the INS, and will maintain the validity of documentation issued by the former INS, such as: green cards, certificates of citizenship, employment authorization documents, travel and advance parole documents, Form I-94 Arrival and Departure Records, and others.

Question: What does the Bureau of Immigration and Customs Enforcement do?

Answer: The BICE handles the investigative and interior enforcement functions of the former INS, U.S. Customs Service, and the Federal Protective Services. The bureau is responsible for the detention and removal of criminal aliens, dismantling smuggling operations or trafficking of aliens, building partnerships to solve local problems, minimizing immigration benefit and document fraud, and conducting INS raids.

The bureau consists of approximately 14,000 employees, and is headed by an Assistant Secretary, who reports directly to the Undersecretary for Border and Transportation Security.

Question: Finally, what are the functions of the Bureau of Customs and Border Protection?

Answer: The BCBP is responsible for the Border Patrol, immigration investigations, and the inspections process at the borders. Prior to March 1, the ports of entry were supervised by several distinct chains of command and inspections personnel for the U.S. Customs, INS and other federal agencies. As of March 1, BCBP became the sole governmental presence along the border and at the ports of entry. The new bureau fused the old agencies’ chains of command at each port of entry into one common chain and put all inspectors under a single port director. The bureau also put the former INS enforcement personnel at the border in a supervisory position above former INS investigators. This is the first time that the immigration investigations functions are subordinate to enforcement. However, it still remains unclear how this change will affect admissions to the U.S. The bureau consists of 30,000 employees.

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2002 Immigration Highlights

Posted on September 14, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I understand that there are usually a lot of immigration laws that pass and either help or hurt immigrants. Now that we are in 2003, can you give a summary of some of the highlights of immigration regulations which were considered or passed in 2002?

ANSWER: The regulations issued during the 107th Congressional session have an immediate effect on foreign workers’ ability to obtain visas, enter, and remain in the United States in valid status. Human resources personnel should therefore expect to receive numerous questions about the scope of these new rules. The following is a brief overview of some of the more important immigration-related and business immigration-related regulations the INS and other agencies issued during the past year:

The Department of State raised Fees for Nonimmigrant Visa Processing: The State Department raised the machine-readable visa (MRV) fee charged for the processing of a nonimmigrant visa, or a combined nonimmigrant visa and border crossing card application, from $65 to $100, effective November 1.

Special Registration: The INS, on August 12, finalized a rule that requires certain nonimmigrants to undergo various registration processes, and imposes sanctions on those who do not follow the processes. Four groups so far have been ordered to Special Register.

Change of Address Notification: A July 26 INS proposed rule would require every applicant for immigration benefits to acknowledge having received notice that he or she is required to provide a valid current address to the Service, including any change of address, within 10 days of the change. In absentia removal orders could flow from failure to so provide.

Concurrent Filing: A July 31 INS interim rule provides that an Immigrant Petition for an Alien Worker (Form I-140) and an Adjustment of Status application (Form I-485) may now be filed concurrently when a visa number is immediately available. In addition, eligible individuals with I-140 petitions pending on July 31 may now file the I-485 and associated forms. The rule took effect upon publication.

Proposed PERM Rule on Labor Certification for Permanent Employment: The DOL, on May 6, published the proposed ‘PERM’ rule that would amend the agency’s regulations governing the filing and processing of labor certification applications for permanent employment in the U.S. The rule would also amend the regulations governing an employer’s wage obligation under the H-1B program. The final PERM rule is expected to be published in April 2003 and to take effect in July.

Foreign Health Care Workers: An October 11 INS proposed rule would implement a process for the certification of certain foreign health care workers, and would add a requirement that all nonimmigrants coming to the U.S. to work as health care workers, including those seeking change of status, be required to submit a certification. This rule is not yet in effect.

B-2 Visitors Visa: An April 12 INS proposed rule would eliminate the minimum admission period for B-2 nonimmigrant visitors, reduce the maximum admission period for B-1 and B-2 visitors, and restrict B visitors’ ability to extend stay or change to student status. This rule is not yet in effect.

Adjustment of Status under LIFE: The INS issued a final rule on June 4, implementing the adjustment of status application procedures under the LIFE Act’s ‘late legalization’ provisions. The rule extends the filing deadline to June 4, 2003, and makes various other changes based on comments received to the interim rule.

S Nonimmigrant Visa: The State Department, on November 4, finalized a rule implementing the ‘S’ nonimmigrant visa program. The S visa category is available to nonimmigrants determined by the Attorney General to have critical and reliable information concerning a criminal organization or enterprise.

Passenger Manifest Requirements: On January 3, 2003, the INS issued a proposed rule requiring all commercial carriers to submit a detailed passenger manifest electronically before either departing from or arriving in the United States. The information required for each passenger includes: complete name, date of birth, citizenship, sex, passport number and country of issuance, country of residence, U.S. visa information, address while in the U.S; and other necessary information. The rule took affect January 1, 2003.

Border Crossing Cards: The INS promulgated an interim rule that establishes procedures to terminate the use of current non-biometric border crossing cards (BCCs), eliminates certain former versions of BCCs, and clarifies the validity period of waivers of inadmissibility. The rule took effect retroactive to October 1.

State and Local Law Enforcement of Civil Violations of Immigration Law: The Justice Department, on July 24, finalized a rule permitting the Attorney General to authorize any state or local law enforcement officer, with the consent of those whose jurisdiction the individual is serving, to perform certain functions related to the enforcement of the immigration laws during the period of a declared “mass influx of aliens.”

As you can see there are lots of changes in the law. Hopefully, the new laws coming will have a positive impact on immigrants.

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How can I become a U.S. Citizen?

Posted on September 8, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have been in the United States for many years and would like to become a U.S. Citizen. Can you tell me how someone qualifies?

Answer: You may become a U.S. citizen (1) by birth or (2) through naturalization. Generally, people are born U.S. citizens if they are born in the United States or if they are born to U.S. citizens. If you were born in the United States, including, in most cases, Puerto Rico, Guam, and the U.S. Virgin Islands, you are an American citizen at birth. Your birth certificate is proof of your citizenship.

If you were born abroad and both of your parents are U.S. citizens and at least one of your parents lived in the United States at some point in his or her life, then in most cases you are a U.S. citizen.

If you were born abroad and only one of your parents is a U.S. citizen, then in most cases, you are a U.S. citizen if ALL of the following are true: One of your parents was a U.S. citizen when you were born; Your citizen parent lived at least 5 years in the United States before you were born; and at least 2 of these 5 years in the United States were after your citizen parent’s 14th birthday.

If you were born before November 14, 1986, you are a citizen if your U.S. citizen parent lived in the United States for at least 10 years and 5 of those years in the United States were after your citizen parent’s 14th birthday.

Question: If I have my Green Card, how do I become a naturalized citizen?

Answer: If you are not a U.S. citizen by birth or did not acquire U.S. citizenship automatically after birth, you may still be eligible to become a citizen through the normal naturalization process. People who are 18 years and older use the “Application for Naturalization” (Form N-400) to become naturalized. Persons who acquired citizenship from parent(s) while under 18 years of age use the “Application for a Certificate of Citizenship” (Form N-600) to document their citizenship. Qualified children who reside abroad use the “Application for Citizenship and Issuance of Certificate under Section 322” (Form N-600K) to document their naturalization.

Question: What are the requirements for naturalization?

Answer: Basically, you need to have been a permanent resident for at least five years (unless you became a lawful permanent resident through marriage to a U.S. Citizen which changes the time to 3 years) and need to have been physically present in the U.S. for at least 2 ½ of the previous 5 years with no absence for more than 6 months. You must have good moral character and be able to speak, read and write English.

Question: When does my time as a Permanent Resident begin?

Answer: Your time as a Permanent Resident begins on the date you were granted permanent resident status. This date is on your Permanent Resident Card shows where you can find important information like the date your Permanent Residence began.

Question: If I have been convicted of a crime but my record has been expunged, do I need to write that on my application or tell an USCIS officer?

Answer: Yes. You should always be honest with USCIS about all arrests (even if you were not charged or convicted) and convictions (even if your record was cleared or expunged). Even if you have committed a minor crime, USCIS may deny your application if you do not tell the USCIS officer about the incident.

Thus, you might be a U.S. Citizen without knowing it if one of your parents or both are U.S. Citizens. Alternatively, if you have committed a crime, or ineligible for some reason to Naturalize, USCIS might put you into deportation if you wrongfully apply for Naturalization. Therefore, you should make certain you qualify before you apply.

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The Battered Spouse Petition

Posted on August 31, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I loved my husband when I came to the U.S. However, he is now always threatening to call deportation all the time and he is beating me. I do not want to return to my home country, but if I leave my husband I am afraid that I will lose my chance to ever get my green card. Is there anything I can do?

Answer: Yes. There is what is known as the Battered Spouse Petition for people in your exact situation. If you qualify, you can petition yourself without the help or need of your husband. In fact, by law, the Bureau of Immigration and Customs Enforcement (BICE) cannot use any statement your husband may use against you to try to defeat the petition.

Question: What is required for this type of petition?

Answer: The process of self-petitioning for family-based immigrant visa classification parallels that of filing a family-based petition with the cooperation of the beneficiary’s sponsor. The ultimate result of both petitions is the same; i.e., classification as an immediate relative who is immediately eligible to adjust her status

The following categories of abused individuals can self-petition for a family-based visa: 1) non-citizens who were battered or subjected to extreme cruelty by their U.S. citizen or permanent resident spouse; 2) non-citizen spouses whose children were battered or subjected to extreme cruelty by the non-citizens’ U.S. citizen or permanent resident spouse; and 3) non-citizen children who were battered or subjected to extreme cruelty by their U.S. citizen or permanent resident parent.

The legal status of the self-petitioner or her child is irrelevant: they can be undocumented, in status (with a nonimmigrant visa, for example), or out of status. However, the abuser must be a U.S. citizen or lawful permanent resident.

The non-citizen spouse self-petitioner must show that her marriage to the U.S. citizen or permanent resident spouse was entered into in good faith.

The self-petitioning spouse or her child must have been battered or subjected to extreme cruelty by her spouse during the marriage.

Evidence of abuse may include but is not limited to reports and affidavits from police, judges and other court officials, medical personnel, school officials, clergy, social workers, and other social service agency personnel.

Question: What if I divorce my husband? Will I still be eligible for this petition?

Answer: Yes. You do not and should not live with someone whom is either battering you or subjecting you to extreme cruelty. As long as the petition is filed within 2 years of the divorce, you can divorce him and get out of this abusive relationship. In that way, you will still be allowed to apply for the green card, but will not be in a hurtful relationship.

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