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.
Law Offices of Brian D. Lerner
Filed under: Religious Worker I-360 | Tagged: battered spouse petition, I-360, i360, Naturalization, VAWA | Leave a comment »
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.
Filed under: best deportation attorney | Tagged: battered spouse petition, I-360, i360, Naturalization, VAWA | Leave a comment »
VAWA Attorney
A VAWA Attorneywill be able to let you know if you qualify for the battered spouse petition. Many spouses (especially wives of U.S. Citizens or Lawful Permanent Residents) allow themselves to be continually beaten by their husbands for fear if they say anything they will be deported. The VAWA Attorney makes clear that you do not have to continue with the abusive relationship. Rather, explains the VAWA Attorney, there is an option. You can file a petition under VAWA (Violence against Women’s Act) known as the battered spouse petition. It is this petition, the VAWA Attorney explains that if approved will allow you to obtain your lawful permanent residency.
The battered spouse petition, has several different items that must be submitted. The VAWA Attorney will explain that first there must be a legitimate marriage and that the marriage must be bonafide. A VAWA Attorney makes clear that it must be a real marriage and one because of love, not for the Green Card. Additionally, the battered spouse attorney will explain that the actual marriage must be under the law, not a common law marriage. In addition to the following, the VAWA Attorney explains that you should always get a psychological report which will show the pain and suffering which you have endured. Thus, you will need to obtain the services of the psychologist and go in significant detail about everything that has happened. The battered spouse attorney will let you know that it will be painful to go over all the details and incidents that have occurred in the past. However, the VAWA Attorney explains that it is critical to the success of the petition itself.
Another part of the battered spouse petition is the declaration. The VAWA Attorney will give you a detailed interview and will prepare a declaration on your situation which you will have to sign. It will go into great deal, explains the VAWA Attorney. It will explain all the times you were physically beat, all the times you had to go to the hospital. The battered spouse attorney will further prepare put in times and places and dates to make the declaration credible and believable. Without detail, and without specifics, the VAWA Attorney cannot make a coherent and believable argument. Therefore, a VAWA Attorney makes clear you must relive what has happened and you must be honest with your battered spouse attorney and your psychologist. Without honesty and without reliving the past, it is unlikely to get approved.
The VAWA Attorney explains that you do not only need to show physical abuse, but it is possible to show only severe emotional abuse as well. In this case, there does not need to be physical abuse and the battered spouse attorney may be able to prove only severe emotional abuse in order to get this petition approved. Many times, if prepared correctly, the VAWA Attorney may be able to show you will prevail on this petition even if you are the husband. Sometimes, if it is the husband who is filing this petition, he could certainly show financial threats and deportation threats and a variety of other threats that could lead to showing severe emotional abuse.
Watch VAWA Attorney discuss the VAWA battered spouse petition
The VAWA Attorney will be able to explain that this petition is the first petition to try to obtain residency. In fact, if the VAWA Attorney is approved, then you can apply for residency. You will be able to apply for adjustment of status regardless if you are here in the U.S. legally or illegally. Additionally, if you are inadmissible, explains a VAWA Attorney, you can file waivers of inadmissibility. Sometimes, if you can show that the inadmissibility is related to the abuse, you will be able to have a better chance of getting the waiver approved as will be explained by the battered spouse attorney.
A VAWA Attorney explains that at the adjustment interview that the officer has no right to go back into the facts of the abuse. It is only to determine eligibility to adjust status. This is all the more reason, explains a VAWA Attorney that you should have an attorney present at the interview. This will allow the battered spouse attorney to interject the proper argument should the officer start going off to left field with the questions and trying to get you to recant or reprove all the elements of the battered spouse petition.
It is unfortunate that there is physical and mental abuse committed on immigrants espouses the VAWA Attorney. However, on the other hand, it is fortunate that those people who are victims are able to apply for the battered spouse petition. Just make sure that if you’re going to apply for the battered spouse petition that you hire a qualified and experienced battered spouse attorney.
Filed under: Immigration Attorney, VAWA | Tagged: Battered Spouse, battered spouse attorney, battered spouse layer, VAWA, vawa attorney, vawa lawyer | Leave a comment »
A VAWA Attorneywill be able to let you know if you qualify for the battered spouse petition. Many spouses (especially wives of U.S. Citizens or Lawful Permanent Residents) allow themselves to be continually beaten by their husbands for fear if they say anything they will be deported. The VAWA Attorney makes clear that you do not have to continue with the abusive relationship. Rather, explains the VAWA Attorney, there is an option. You can file a petition under VAWA (Violence against Women’s Act) known as the battered spouse petition. It is this petition, the VAWA Attorney explains that if approved will allow you to obtain your lawful permanent residency.
The battered spouse petition, has several different items that must be submitted. The VAWA Attorney will explain that first there must be a legitimate marriage and that the marriage must be bonafide. A VAWA Attorney makes clear that it must be a real marriage and one because of love, not for the Green Card. Additionally, the battered spouse attorney will explain that the actual marriage must be under the law, not a common law marriage. In addition to the following, the VAWA Attorney explains that you should always get a psychological report which will show the pain and suffering which you have endured. Thus, you will need to obtain the services of the psychologist and go in significant detail about everything that has happened. The battered spouse attorney will let you know that it will be painful to go over all the details and incidents that have occurred in the past. However, the VAWA Attorney explains that it is critical to the success of the petition itself.
Another part of the battered spouse petition is the declaration. The VAWA Attorney will give you a detailed interview and will prepare a declaration on your situation which you will have to sign. It will go into great deal, explains the VAWA Attorney. It will explain all the times you were physically beat, all the times you had to go to the hospital. The battered spouse attorney will further prepare put in times and places and dates to make the declaration credible and believable. Without detail, and without specifics, the VAWA Attorney cannot make a coherent and believable argument. Therefore, a VAWA Attorney makes clear you must relive what has happened and you must be honest with your battered spouse attorney and your psychologist. Without honesty and without reliving the past, it is unlikely to get approved.
The VAWA Attorney explains that you do not only need to show physical abuse, but it is possible to show only severe emotional abuse as well. In this case, there does not need to be physical abuse and the battered spouse attorney may be able to prove only severe emotional abuse in order to get this petition approved. Many times, if prepared correctly, the VAWA Attorney may be able to show you will prevail on this petition even if you are the husband. Sometimes, if it is the husband who is filing this petition, he could certainly show financial threats and deportation threats and a variety of other threats that could lead to showing severe emotional abuse.
Watch VAWA Attorney discuss the VAWA battered spouse petition
The VAWA Attorney will be able to explain that this petition is the first petition to try to obtain residency. In fact, if the VAWA Attorney is approved, then you can apply for residency. You will be able to apply for adjustment of status regardless if you are here in the U.S. legally or illegally. Additionally, if you are inadmissible, explains a VAWA Attorney, you can file waivers of inadmissibility. Sometimes, if you can show that the inadmissibility is related to the abuse, you will be able to have a better chance of getting the waiver approved as will be explained by the battered spouse attorney.
A VAWA Attorney explains that at the adjustment interview that the officer has no right to go back into the facts of the abuse. It is only to determine eligibility to adjust status. This is all the more reason, explains a VAWA Attorney that you should have an attorney present at the interview. This will allow the battered spouse attorney to interject the proper argument should the officer start going off to left field with the questions and trying to get you to recant or reprove all the elements of the battered spouse petition.
It is unfortunate that there is physical and mental abuse committed on immigrants espouses the VAWA Attorney. However, on the other hand, it is fortunate that those people who are victims are able to apply for the battered spouse petition. Just make sure that if you’re going to apply for the battered spouse petition that you hire a qualified and experienced battered spouse attorney.
Filed under: VAWA | Tagged: Battered Spouse, battered spouse attorney, battered spouse layer, VAWA, vawa attorney, vawa lawyer | Leave a comment »
Vawa approved for Client who was in an abusive relationship but only lived with her husband for a short period and did not have police or hospital reports.
Find a VAWA lawyer to help you
Family petitions to immigrate family members
Filed under: VAWA | Tagged: Battered Spouse, Brian D. Lerner, Immigration Attorney, VAWA, vawa attorney, vawa lawyer | Leave a comment »
I am a victim of Violence. What can I do?
Question: I have been a victim of crime and also my friend was basically a slave for her employer. What can we do?
Answer: There are different types of visas for these matters. Basically, the U, T and VAWA petitions. In March 2013 Congress enacted several changes to
the William Wilberforce Violence Against Women Act (VAWA) &
Trafficking Victims Protection Reauthorization Act of 2008(TVPRA)
that affect T and U visa eligibility. T visas are designed for
victims of trafficking in persons, which includes sex trafficking or
labor trafficking. U visas are for victims of certain qualifying
crimes, such as domestic violence and sexual assault, and the victim
must have suffered substantial physical or mental abuse as a result
of the crime. To qualify for the U visa, the victim of a qualifying
crime generally must provide assistance to law enforcement. To
qualify for the T visa, a victim is required to cooperate with
reasonable requests from law enforcement related to their
victimization, with limited exceptions. In addition, the
trafficking or crime must have violated the laws of the United
States or occurred in the United States including its territories
and possessions. For T visas, the victim must be physically present
in the United States on account of the trafficking.
In fact, the Visas have been around for some time, except there are new regulations making it easier to obtain for derivatives and some other matters.
Question: What changes were made?
Answer: Unmarried children for whom the
principal applicant has filed a petition before the child turned 21
remain eligible for the visa after they turn 21. The age of the
unmarried child is established and set when the principal applicant
files the U petition with U.S. Citizenship and Immigration Services
(USCIS). The law previously did not allow unmarried children of
U visa holders to remain eligible for the visa after they turned 21,
even if they had filed the petition before they turned 21 and had
waited several years to get their visa. In addition, unmarried
children who are the principal applicants now receive age-out
protection in terms of their parents and unmarried siblings under
age 18 being able to qualify as derivative family members. T visas
already afforded age-out protection for children over 21; the law
was changed to mirror T visas in this respect.
Question: What happens if I know somebody who had a case like this, but did his kid already aged out?
Answer: The age-out protection is retroactive. This
means that any principal applicant who filed a U visa petition
before the derivative family member turned 21, and the derivative
family member is now older than 21 and was denied the visa because
he or she had aged out, is now eligible for a visa. The age-out protection for derivative children does not, however, change the requirement that the beneficiary
remain unmarried to be eligible for this visa. If the beneficiary marries before the visa is issued, they will no longer be eligible.
Question: Are there any other changes?Answer: U visa applicants are no longer subject to
the public charge ground of inadmissibility, INA 212(a)(4).
Consequently, applicants are no longer required to submit Affidavits
of Support (I-864). Because public charge is no longer a basis for
inadmissibility, USCIS will no longer apply this inadmissibility.
Therefore, Department of Homeland Security (DHS) will not need to
issue waivers on the Application for Advance Permission to Enter as
a Nonimmigrant (I-192) on this inadmissibility ground.
T-derivative status has been expanded to include certain adult or minor children of a T-visa
derivative (T-2, T-3, T-4, T-5). These derivatives are the
grandchild (ren), stepchild(ren), niece(s) or nephew(s), and the
sibling(s) of the principal applicant. For the children of a
derivative to qualify for T-derivative status, the child (adult or
minor) must “face a present danger of retaliation as a result of the
alien principal’s escape from the severe form of trafficking or
cooperation with law enforcement.” USCIS will determine what this
means in the context of petition adjudication. Consular officers
will not re-examine the basis for this determination and visa
eligibility, but will issue visas in this new category once USCIS
establishes it. USCIS anticipates this category will be “T-6.”
Question: What about changes to VAWA?
Answer: These applicants are no longer subject to
the public charge inadmissibility, INA 212(a)(4). Consequently,
applicants are no longer required to submit Affidavits of Support
(I-864). Because public charge is no longer a basis for
inadmissibility, USCIS will no longer apply this ineligibility.
Therefore, DHS will not need to issue waivers on these grounds.
VAWA changes for those who are victims of sex trafficking crimes and domestic violence
Filed under: VAWA | Tagged: Brian D. Lerner, brian lerner, california immigration, deportation attorney, deportation lawyer, Immigration Lawyer, Law Offices of Brian D. Lerner, los angeles deportation attorney, los angeles immigration, Public Charge, sex trafficking, slave, spanish deportation attorney, T Visa, trafficking in work, U Visa, VAWA, victim of crime | Leave a comment »
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Filed under: Immigration Attorney | Tagged: Brian D. Lerner, brian lerner, california immigration, deportation attorney, deportation lawyer, Immigration Lawyer, Law Offices of Brian D. Lerner, los angeles deportation attorney, los angeles immigration, Public Charge, sex trafficking, slave, spanish deportation attorney, T Visa, trafficking in work, U Visa, VAWA, victim of crime | Leave a comment »
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.
Filed under: Immigration Crimes | Tagged: Battered Spouse, Brian D. Lerner, brian lerner, california immigration attorney, california immigration lawyer, deportation attorney, deportation lawyer, emotional abuse, I-360, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, los angeles immigration attorney, los angeles immigration lawyer, physical abuse, U Visa, U-1, VAWA, victim of crime | Leave a comment »
Immigration Lawyer
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