FAMILY IMMIGRATION LAW FIRM

Victims of domestic violence who are battered by U.S. citizens or legal permanent residents may be eligible for an immigrant visa. Typically, obtaining a visa through a family member involves the U.S. citizen or permanent resident filing a petition and overseeing the immigration process, which usually involves an interview conducted by USCIS.

In this structure, the U.S. citizen or permanent resident holds complete control over the immigration process, including the ability to initiate or terminate it. Unfortunately, in cases of domestic violence, this control can become a tool for further abuse. Perpetrators may threaten to revoke or delay the immigration process or use the threat of deportation as a means to exert power over their victim.

Our family immigration lawyers at Davis & Associates understand the sensitivity required in such situations. We are dedicated to supporting victims of domestic violence by navigating them through the immigration process with compassion and confidentiality, ensuring they can pursue their rights without fear.

VAWA

The Violence Against Women Act (VAWA) was enacted by Congress to assist undocumented victims of domestic violence in obtaining permanent resident status independently of their abusive U.S. citizen or legal permanent resident family members. Our family immigration lawyers at Davis & Associates are here to guide eligible individuals through the VAWA application process with sensitivity and expertise.

Eligibility for VAWA:

• Battered spouses of US citizens and legal permanent residents can apply. The battered spouse’s unmarried children under the age of 21 can be included in the application, regardless of whether the child suffered abuse or not.
• Parents of children who have been abused by their citizen or permanent resident step-parents can apply. The parent’s other unmarried children under 21 can be included in the application, regardless of whether the child suffered abuse or not.
• Unmarried children under 21 who have been abused by their citizen or permanent resident parents can apply. The child’s unmarried children under 21 can be included in the application, regardless of whether the child suffered abuse or not.
• Parents who have been abused by their adult US citizen sons or daughters can apply.

Documentation Required:

A VAWA petition is filed on Form I-360 and requires fairly extensive documentation. There are specific requirements that have to be proven in order for USCIS to approve a VAWA petition. Generally, the requirements are:

• Proof of the Abuser’s Status: Such as their birth certificate, passport, naturalization certificate, or green card.
• Proof of Relationship: This includes marriage certificates, birth certificates, or divorce decrees.
• Proof of Abuse: Evidence might include police reports, protective orders, medical records, photographs, and testimonies from witnesses.
• Good Moral Character: Applicants must provide a police clearance letter from every city they have lived in during the past three years if they resided there for six months or more.

Special Provisions:

• Priority Date: The priority date from any previously filed petition by the abusive spouse can be transferred to the VAWA petition, which helps avoid extended waiting periods for a visa.
• Confidentiality: To protect applicants, USCIS will not disclose any information about the petition to third parties and will handle address changes confidentially.
• Work Authorization and Public Benefits: Approved petitioners can work in the U.S. while their green card application is pending and may qualify for state public benefits, including health care and nutrition assistance.
• Housing Protections: VAWA provides certain housing rights under provisions similar to those in the Fair Housing Act.

With the help of a knowledgeable family immigration lawyer, navigating the VAWA self-petition process becomes more manageable and secure, ensuring that victims of domestic violence can pursue their rights without fear of retaliation or breach of privacy.

Adjustment of status allows undocumented immigrants to apply for a green card (immigrant visa) while staying in the United States. Here is how our family immigration lawyers can help you through this process.

An undocumented immigrant is someone living and/or working in the U.S. who either entered illegally or has fallen out of legal status. If an immigrant visa becomes available through a family member or employer, the undocumented person must decide the best way to apply for it. This can be done either within the U.S. or from their home country.

There are two primary ways for undocumented immigrants to apply for permanent residency in the U.S. without returning to their home country:

1. Applying Inside the U.S.: When a visa becomes available, an undocumented immigrant can apply for adjustment of status without leaving the country. This process can be complex, and our experienced family immigration lawyers can guide you through each step, ensuring you meet all requirements and deadlines.
2. Consular Processing: In some cases, it may be necessary or advantageous to apply for a visa from outside the U.S. Our family immigration lawyers can help you determine which method is best for your situation and assist you throughout the entire process.

If you need assistance with applying for a status change, contact our knowledgeable family immigration lawyers. We are here to help you navigate the legal requirements and achieve your goal of obtaining permanent residency.

IMMEDIATE RELATIVES WHO ENTERED LEGALLY

Our family immigration lawyers can guide immediate relatives of U.S. citizens who have legally entered the U.S. through the adjustment of status process. This allows them to apply for permanent residency without leaving the country, even if they have worked without authorization or are currently out of status.

Eligible immediate relatives include:

• Spouses of U.S. Citizens: If you are married to a U.S. citizen, you can apply for a green card.
• Unmarried Children Under 21 Years Old of U.S. Citizens: Children who are under 21 and not married can also apply if one of their parents is a U.S. citizen.
• Parents of U.S. Citizens: Parents can apply if their U.S. citizen child is at least 21 years old.

To qualify, these immediate relatives must demonstrate that they were legally inspected and admitted into the U.S. at a port of entry. Our family immigration lawyers will assist in gathering the necessary documentation and filling out Form I-485 to apply for permanent residency inside the United States.

PEOPLE WHO ARE PROTECTED BY 245(i)

If you entered the U.S. legally but failed to maintain your legal status, or even if you entered illegally, you may still have a pathway to adjust your status to permanent residency under certain conditions. Our family immigration lawyers at Davis & Associates specialize in Section 245(i) of the Immigration and Nationality Act, which might allow you to adjust your status if you meet specific criteria.

Key Requirements Under Section 245(i)

• Filing Date of Visa Petition or Labor Certification: You must have had a visa petition or labor certification filed on your behalf on or before April 30, 2001. If it was filed between January 14, 1998, and April 30, 2001, you must demonstrate that you were physically present in the United States on December 21, 2000. For petitions filed before January 14, 1998, there is no need to prove physical presence on that specific date.
• Penalty Fee: There is a $1000 penalty fee required to apply under this provision.

You do not need to seek an immigrant visa through the original petition or labor certification. It can serve merely as a qualification for adjusting your status under 245(i), while you may seek an immigrant visa through a more recent petition, such as one filed by a newly acquired U.S. citizen spouse.

The Parole in Place (PIP) ExceptionParole in place is a discretionary relief provided by U.S. Citizenship and Immigration Services (USCIS) that allows certain undocumented family members of U.S. military personnel, veterans, and enlistees to remain in the United States and adjust their status. This policy helps to avoid the potential disruption and hardship that deportation could cause to military families.

Eligibility for Parole in Place is for immediate relatives (spouse, children, and parents) of active duty members of the U.S. Armed Forces, Selected Reserve of the Ready Reserve, or veterans (living or deceased) who are already in the United States. 

Approval of PIP provides the family member with an authorized period of stay in the U.S., allowing them to avoid deportation. PIP can also be used to apply for work authorization and adjust status to lawful permanent resident.  

Parole in place is a discretionary benefit and not guaranteed. USCIS evaluates each PIP request on a case-by-case basis, considering factors such as the family member’s immigration history, criminal record, and the potential impact of deportation on the military personnel.

Key Considerations

Not everyone who qualifies to apply for adjustment of status will qualify for permanent residency. Immigration law has specific bars related to an applicant's criminal, immigration, and medical history that can prevent obtaining permanent residency. Consulting with a knowledgeable family immigration lawyer is important before applying for any immigration benefit. Missteps in the application process can lead to severe consequences, including deportation.

Family Immigration Lawyers You Can Count On 

At Davis & Associates, our team of dedicated family immigration lawyers possesses an in-depth level of knowledge and experience that is required to navigate the complexities of U.S. immigration law. We understand that the journey toward adjusting your status involves legal challenges and personal stakes. That is why we commit ourselves to handling each case with the utmost expertise and personalized care.

Whether you are dealing with the nuances of Section 245(i), facing uncertainties about eligibility, or simply need guidance through the maze of paperwork and procedures, our attorneys are here to provide you with reliable, effective solutions tailored to your unique circumstances. We stay up to date with the latest changes in immigration law to ensure that our clients receive the most current and effective legal advice.

Ready to start your journey toward permanent residency? Do not navigate these complex legal waters alone. Contact Davis & Associates today, and let our family immigration lawyers guide you every step of the way. Call us now or visit our website to schedule your free consultation and take the first step toward securing your family's future in the U.S.