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Another Win for Our Law Office

After nearly 3 years, and despite various possible grounds of inadmissibility, Client’s application for adjustment of status was granted based on her approved I-360 under the Violence Against Women Act (VAWA).  Client can now remain in the United States legally and apply for naturalization in 3 years.

USCIS to Apply Shalom Pentecostal Decision Nationwide

A USCIS policy memo acquiesces in the Third Circuit’s decision in Shalom Pentecostal, and instructs adjudicators not to require that qualifying U.S. work experience have been acquired in lawful status for Form I-360 special immigrant religious worker petitions. The memo applies to currently pending Forms I-360 and new Forms I-360 filed on or after July 5, 2015.

Another win for the Law Offices of Brian D. Lerner

I-360 approved for husband of USC. No physical abuse but mental and psychological abuse, including names and threats of deportation.

Another win for the Law Offices of Brian D. Lerner

DHS agreed to join in a motion to reopen Client’s in absentia deportation order and terminate her proceedings based on an approved I-360 widow petition. We were initially hired to file a MTR but then Client’s husband died and we were retained to file an I-360. When that was approved, we filed the joint motion request. Client was waived through so she should be eligible for AOS.

I was raped. Now can I get a visa?

I am a victim of crime. Can I get a Visa?

Question: I was raped years ago. I heard there is some type of visa. Can I get this visa?

Answer: You may be eligible for a U nonimmigrant visa. If You are the victim of qualifying criminal activity. You have to have suffered substantial physical or mental abuse as a result of having been a victim of criminal activity.You must have information about the criminal activity. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may possess the information about the crime on your behalf. You had to be helpful, are helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may assist law enforcement on your behalf.

Question: Where must the crime have occurred?

Answer: The crime had to occur in the United States or violated U.S. Laws.

Question: Must I have been admissible to the U.S.?

Answer: Yes, You are admissible to the United States. If you are not admissible, you may apply for a waiver on a Form I-192, Application for Advance Permission to Enter as a Non-Immigrant. Many more types of Waivers are applicable to a U Visa applicant than with other types of visas.

Question: What types of crimes qualify for the U Visa?

Answer: Qualifying Criminal Activities are: Abduction, Abusive Sexual Content, Blackmail, Domestic Violence,Extortion, False Imprisonment, Female Genital Mutilation, Felonious Assault, Hostage, Incest, Involuntary Servitude, Kidnapping, Manslaughter, Murder, Obstruction of Justice, Peonage, Perjury, Prostitution, Rape, Sexual Assault, Sexual Exploitation, Slave Trade, Torture, Trafficking, Witness Tampering, Unlawful Criminal Restraint and Other Related Crimes.

Even if the particular crime the person was convicted of is not under these items, it is likely that the perpetrator of the crime committed one or more of the above items with you as the victim.

Question: What form is used?

Answer: Form I-918, Petition for U Nonimmigrant Status.

Question: Can I petition for a family member?

Answer: Certain qualifying family members are eligible for a derivative U visa. You may petition on behalf of your spouse, children, parents and unmarried siblings under age 18.

To petition for a qualified family member, you must file a Form I-918, Supplement A, Petition for Immediate Family Member of U-1 Recipient, at the same time as your application or at a later time.

The 10/28/11 Deadline for Certain Widow(er)s to File I-360 Is Fast Approaching (Updated 9/29/11)

The two-year marriage rule for widow(er)s of U.S. citizens was abolished, but widow(er)s must file an I-360 by October 28, 2011 if the marriage was less than two years old at the time of death, and the death occurred prior to October 28, 2009.

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