VAWA – VIOLENCE AGAINST WOMEN ACT (also covers men and children)
noncitizens who have been abused by their U.S. citizen or lawful permanent resident relative the ability to independently petition for themselves (self-petition) for immigrant classification without the abuser’s knowledge, consent, or participation in the immigration process. This allows victims to seek both safety and independence from their abusers.
What is the 2 year rule for VAWA?
VAWA petitions filed within 2 years of the divorce must include evidence that the marriage was legally terminated, such as a final divorce decree or annulment and that the termination was connected to the battery or extreme cruelty.
REFUGEE/ASYLUM
To be eligible for asylum, you must be:
Inside the United States.
Able to demonstrate that you were persecuted or have a fear of persecution in your home country due to your: Race. Religion. Nationality. Social group. Political opinion.
What are the 5 grounds for asylum?
An asylum claimant must demonstrate persecution based on one of the five protected grounds (race, religion, nationality, membership in a particular social group or political opinion).
What are the new rules for asylum seekers in USA 2023?
Starting Sept. 13, 2023, affirmative asylum applicants must bring an interpreter to their asylum interview if they are not fluent in English or wish to have their interview conducted in a language other than English. Your interpreter must be at least 18 years old and fluent in English and a language you speak fluently.Sep 13, 2023
REFUGEE – CONVENTION AGAINST TORTURE
For an act to be considered torture, it must be an extreme form of cruel and inhuman treatment, it must cause severe physical or mental pain and suffering, and it must be specifically intended to cause severe pain and suffering.
U VISA – VICTIM OF A CRIME
What are the requirements for visa U?
You may be eligible for a U nonimmigrant visa if:
You are the victim of qualifying criminal activity.
You have suffered substantial physical or mental abuse as a result of having been a victim of criminal activity.
You have information about the criminal activity.
Note that none of the above visas (except VAWA) are a pathway to citizenship. You will get an ID card, but not a “green card” or LPR or Legal Permanent Resident.
However, it is expected that by summer of 2024 all visas will become a path to citizenship
TO GET A GREEN CARD (LPR or Legal Permanent Resident)
Have a relative who is a US citizen or green card (LPR card) file a 130 Petition on your behalf.
Petition for Alien Relative
What Is the Purpose of Form I-130? A citizen or lawful permanent resident of the United States may file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS) to establish the existence of a relationship to certain alien relatives who wish to immigrate to the United States.
Your fiancé can also petition for you.
As a U.S. citizen, you can bring your fiancé(e) to your country through a Fiancé(e) Visa, also known as K-1 or K 1 Visa. With this visa, you can get married in the U.S. and subsequently live in the country with your spouse.
Through this visa, your foreign fiancé will be allowed to travel to the U.S. and marry within 90 days. After the marriage, your fiancé(e) can apply for an adjustment of his or her status, to become a legal permanent resident.
If you are a U.S. citizen and are already married or even want to get married outside the U.S., you are not eligible for a K 1 Visa. However, you can still apply for a K-3 Visa Spouse Visa.
Who Can File Form I-130?
U.S. citizens and U.S. permanent residents who want to register permanent residence for their immediate family members can file Form I-130 to begin the process. You can only sponsor a family member if they’re an immediate relative. Immediate relatives include spouses, parents, and children. Each relative you file for must have their respective Form I-130 petition.
Who Can’t File Form I-130?
If you’re not a U.S. citizen or permanent resident, you can’t file Form I-130 on behalf of another person. However, even if you’re an American citizen or green card holder, not all of your family members may meet the eligibility criteria for green card sponsorship. You can’t sponsor a green card for these relatives:
Any family member who has committed visa fraud by marrying or trying to marry just for immigration benefits
Biological parents if you gained your U.S. immigration status through adoption
Adoptive parents or children adopted after they had turned 16 years old
Married children if you’re a U.S. permanent resident (green card holders can only sponsor their unmarried children)
Grandparents or grandchildren, nephews and nieces, aunts and uncles, cousins, parents-in-law
Stepparents who became your family after you turned 18 years old and stepchildren who became your family after they’d turned 18
Your spouse if both you and your spouse did not attend your marriage ceremony in person
Your spouse if you got your green card through a prior marriage and haven’t been a green card holder for at least five years or haven’t become a U.S. citizen by naturalization
Your spouse if you married them while they were in immigration court proceedings
When you submit your Form I-130, you will have to submit supporting documents to confirm that the family member you’re petitioning for does not fall under any of the disqualifying categories discussed in this section.
What if I can’t afford the fees?
U Visa and VAWA and Asylum are free. The 485 petition to adjust status (to get a green card is not). If you are indigent and on some form of public assistance (food stamps or medicaid or SSI) there is a fee waiver petition available.
What if my sponsor for a 864 petition is retired, does not work or is disabled and does not have enough income/assets to support me? Answer: in that case they still file the 864 BUT any other US citizen or green card holder can file a second 864 petition for you. They need not be a relative.
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