Immigration INFO: Immigration News For Our Community

Jun 22, 2014 News

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By Attorney Gail S. Seeram,
[email protected]

Through this “Question & Answer” column, our goal is to answer your immigration questions.  We appreciate your comments and questions.  If you have a question that you would like answered in this column, please email: [email protected].

Question #1:    I know a person deported for Aggravated Felony is not qualified for any relief unless the consulate abroad recommends a waiver. What are the chances of that happening?
Answer #1: Some aggravated felonies are subject to a lifetime ban from re-entering the U.S. However, if a waiver is presented in conjunction with a family-based petition, then extreme hardship must be shown to the U.S. citizen or permanent resident relative in order for the waiver to be granted.

Question #2: My husband’s parents sponsored him in 2005. Can you explain the possible status of the application? What is the position in relation to his children and their chances of migrating with him?
Answer #2: Assuming his parents are U.S. citizens and he is married, visas are available for petitions filed on or before October 2003, so about a 2-year wait.

Question #3: My husband who is a permanent resident applied for me in Jan 2011. All the information we have gotten so far is that the application is accepted and we have the receipt number, my husband has visited the federal building and USCIS service center but all they would tell him is that they have to wait for a visa to be available before they can proceed. What I would like to know is how much longer does this process have to take before a visa will be available, and how many years does an application of this nature take?
Answer #3: When a family-based petition is filed, the petitioner will receive a receipt notice and in about 4-6 months will receive an approval notice.  The file will sit in storage and no action taken until the visa is available.  Once the visa is available, then the National Visa Center will notify the petitioner to pay visa fees and submit required documents.

Question #4: My wife who is my son’s stepmother has petitioned for my son who is 10 years old, can you say how long it will take for him to get his visa?
Answer #4: Your son is considered the immediate relative of a U.S. citizen since you married his stepmother before he was age 18 – so visa is available immediately but processing time is about one year.

Question #5: My father petitioned for me in November 2007 as a permanent resident and then upgraded our category as a US citizen in January 2012. Unfortunately, my father passed away in May 2012. My understanding is that my visa was approved in 2009 and awaiting an allocation. I have an aunt (my mother’s sister) who would be willing to become a petitioner.
Answer #5: Yes, though your petition became void when your father died, you can ask for reinstatement of the petition based on humanitarian grounds.  The substitute sponsor can be any U.S. citizen or permanent resident relative.

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Battered Spouse & Children-Immigration Benefits

Too often, undocumented immigrants in the United States are victims of domestic violence and abuse.  Some immigrants may be afraid to report acts of domestic violence to the police or to seek other forms of assistance. Such fear causes many immigrants to remain in abusive relationships.  Victims of domestic violence who are the child, parent, or current/former spouse of a United States citizen or a permanent resident (green card holder) and are abused by the citizen or permanent resident may be eligible to apply for a green card themselves without needing the abuser to file for immigration benefits on their behalf.  This provision of the law was created under the Violence Against Women Act (VAWA).

Victims must establish that they:
·    Have or had a qualifying relationship with the abuser spouse, or, are the parent or child of the abuser,
·    Reside or resided with the abuser,
·    Have good moral character, and
·    Have been victims of battery or extreme cruelty.

Those Eligible to File:
·    Spouse: You may file for yourself if you are, or were, the abused spouse of a U.S. citizen or permanent resident. You may also include on your petition your unmarried children who are under 21 if they have not filed for themselves.
·    Parent: You may file for yourself if you are the parent of a child who has been abused by your U.S. citizen or permanent resident spouse. You may include on your petition your children, including those who have not been abused, if they have not filed for themselves. You may also file if you are the parent of a U.S. citizen, and you have been abused by your U.S. citizen son or daughter.
·    Child: You may file for yourself if you are an abused child under 21, unmarried and have been abused by your U.S. citizen or permanent resident parent. Your children may also be included on your petition. You may file for yourself as a child after age 21 but before age 25 if you can demonstrate that the abuse was the main reason for the delay in filing.
Once your self-petition as a battered spouse, child or parent is approved, then you can apply for work authorization and a green card.  There are no filing fees for the battered spouse petition and waivers for filing fees are available for the work authorization and green card applications.
VAWA allows certain spouses, children and parents of U.S. citizens and permanent residents (green card holders) to file a petition for themselves without the abuser’s knowledge. This will allow you to seek both safety and independence from the abuser. The provisions of VAWA apply equally to women and men. Your abuser will not be notified that you have filed for immigration benefits under VAWA or that your application was approved.

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