07 Feb How may spousal abuse qualify you to be a permanent resident?
By Atty. Crispin Caday Lozano
If you entered into a good faith marriage but after the marriage your U.S. citizen of lawful permanent resident spouse is abusing you, then you do not have to sacrifice to get your permanent resident. You can immediately apply for a waiver of joint filing based on the information and document that you are an abused spouse. Your dependent children can be included in this application to remove condition on residence.
If your abusive spouse has not filed a permanent resident petition for you, you may file the petition by yourself with the proof that you are an abused spouse. A self petitioner who married an abusive U.S. citizen may file an adjustment of status at the same time that the self petition is filed. If the spouse of the self petitioner is a lawful permanent resident he or she will have to wait until the I-360 petition is approved and the priority date for the second preference is current. VAWA also applies to men who are abused by their spouse. Spousal abuse includes physical or psychological abuse. In physical abuse the best evidence is a police report or medical report while in a psychological abuse the evidence could be an evaluation by a psychologist or psychiatrist.
Question: Who qualifies for self-petition and cancellation of removal under Violence against Women Act (VAWA)?
Answer: The following qualify for self-petition and cancellation of removal:
- Abused spouse, former spouse, or intended spouse of a U.S. citizen or lawful permanent resident.
- Abused child of U.S. citizen or lawful permanent resident.
- Non-abusive parent of a child who was subjected to domestic violence or extreme cruelty by a U.S. citizen or lawful permanent resident parent.
Question: When can a self petitioner file an application for work authorization?
Answer: A self petitioner is eligible for employment authorization upon approval of the self petition or upon filing of adjustment of status whichever comes first.
Question: What are the advantages of adjustment of status under VAWA compared to the regular adjustment of status?
Answer: VAWA adjustment of status has the following advantages:
- VAWA self petitioner need not have been inspected or admitted into the U.S. This means that “Entered without Inspection” or “present without authorization” are eligible under VAWA.
- Having worked without authorization is not a bar to adjustment.
- Having overstayed a nonimmigrant visa or having violated the terms of nonimmigrant visa is not a bar to adjustment.
- Having been admitted as a nonimmigrant under “D” [crewmember], “C” [alien in transit without a visa], or “S” [government witness] does not disqualify self petitioner from adjustment of status. The regular adjustment of status provision does not allow them to adjust.
- Having been admitted under Visa Waiver program is not a bar to adjustment.
- Self petitioners do not have to pay the $1000 penalty if they adjust status under Sec. 245(i).
Note: This is not a legal advice. The Law Office of Crispin C. Lozano has successfully received approvals for many VAWA cases
- On January 12, 2018, we received an approval of immigrant visa at the U.S. Consulate Manila for an alien who applied for I-601-A as one who entered as a seaman.
- On January 10, 2018, we received an approval form USCIS of a self petition for abused spouse based on same sex marriage.
- On January 3, 2018, we received an approval from the Immigration Court for a waiver of misrepresentation for a client who was charged with misrepresentation in marriage;
- On December 15, 2017, we received an approval from USCIS for an adjustment of status for same sex marriage for an applicant who entered without inspection but has Sec. 245 (i).
- On November 16, 2017, we received an approval from Immigration Court for a waiver of misrepresentation for entering as single daughter of U.S. citizen but actually married.
- On October 25, 2017, we received an approval of I-485 adjustment of status for our client who has a DUI but has proof that he has cleared his record.
- On October 20, 2017, we received an approval of naturalization for a client who was granted a waiver of misrepresentation in Immigration Court.
- On October 16, 2017, we received from USCIS an approval for an adjustment of status for same sex marriage, after two scheduled interviews.
- On October 9, 2017, we received an approval from USCIS for adjustment of status for a client who entered as a seaman but has Sec. 245 (i) eligibility.
- On October 2, 2017, we received an approval of adjustment of status from USCIS for a client who entered without inspection but has Sec. 245(i).
- For the week ending September 15, 2017, we received three Immigrant Visa Approvals in U.S. Embassy Manila for three applicants who entered as seaman under the Provisional Waiver Program.
- On August 31, 2017 we received an approval of adjustment of status for a client who has problems with birth certificate which we corrected.
If you have immigration problems the Law Offices of Crispin C. Lozano can help you find a solution before your problem gets worse which could lead to deportation and family separation.
Crispin Caday Lozano, Esq. is an active member of the State Bar of California, the American Immigration Lawyers Association and San Francisco Trial Lawyers Association. He specializes in immigration law and personal injury. For free consultation email or call (firstname.lastname@example.org / 1-877-456-9266)