US Green Card Requirements

Apply for a US green card or lawful permanent resident card with the confidence of knowing all the basic requirements to determine whether you are eligible and how to do it yourself.

 

A lawful permanent residence status card and a green card refer to the I-551 allowing an individual the right to reside in the USA permanently, the right to a pathway to USA citizenship, the right to employment, and the right to the petition for eligible family members. These rights are granted to the green card holder as long as the individual abides by the immigration laws of the USA.

The green card requirements are based on a petition filed by either a family member, refugee/asylum, employment , investment, or diversity DV lottery program. Irrespective of the origin of the immigrant petition, the individual has to fulfill all the green card requirements

Under the US Immigration and Nationality Act (INA), there are four general requirements to obtain your green card. The individual has to be eligible for one of the immigrant categories established in the INA, an approved immigrant petition filed, a visa is available, and the individual has to be admissible. In the simplistic form the USA green card requirements appear straightforward and manageable but the nuances of the INA require that each category be defined in detail.

For an individual to be eligible for one of the immigrant categories, the INA separates the categories into either family based, due to the eligible family member petitioning on one’s behalf, or through one’s employer. Immediate relatives such as a spouse, child, or parent are not subject to a category as they have visas available immediately. However, for those that are petitioning for an adult child, spouse of a green card holder, married adult child of a US citizen, or brothers and sisters of a US citizen, then there are preference categories requiring the person to wait until a visa becomes available.

Employment based immigrant petitions are relegated in a similar fashion as family petitions, except the categories are prioritized by professions and skills. For instance, a priority worker with extraordinary abilities would be in the first preference, professionals with advanced degrees are in the second preference, skilled workers are in the third preference, and the fifth preference is for investors and entrepreneurs. Just as the family based petitions, an individual falling into one of these categories must wait until a visa becomes available before moving forward to the next stage.

Individuals entering as a refugee are required to file for their green cards within a year of arrival. Contrarily, asylum applicants do not have to file within a year. Qualifying for refugee status or asylum is a complex process is beyond the scope of this article.

By initially filing the immigrant petition, the petitioner is establishing eligibility for a specific immigrant category and that the petitioner is eligible to apply for the beneficiary. The approval of the immigrant petition also creates a priority date for the beneficiary, which captures the slot so when the date becomes current the visa is made available to the individual.

The priority date and the country of nationality will determine how long the wait is until a visa is made available. It may take years to become current as only a certain number of visas are available for each preference category and in a specific country. Once the quota is filled for that year then the next group will have to wait until the following year. When the priority date is current, the individual may apply for a green card visa to the US.

At the US consulate where the individual applies for the green card, the consular officer will determine whether the individual is eligible for admission into the US. The INA clearly define certain grounds making an alien individual inadmissible, such as criminal convictions, infectious diseases, prior immigration violations or security related. If an individual is found to be inadmissible it is possible to apply for the I-601 waiver requesting the government to excuse the grounds of inadmissibility. Barring any other required paperwork or backlog on interview times, then USCIS/DHS will determine whether the individual met all the requirements for a green card.

 

Border Check Works Both Ways

While it’s common knowledge that Customs and Border Patrol (CBP) routinely checks passengers arriving from international destinations for irregularities such as past criminal convictions and outstanding warrants, today it would appear CBP has extended its routine law enforcement database checks to passengers leaving the United States as well.

A student with an outstanding warrant was apprehended today by CBP when he who was about to board an international flight in Kansas. In a press release, CBP stated, “CBP prevents narcotics, agricultural pests and smuggled goods from entering and exiting the country and also identifies and arrests those with outstanding criminal warrants.” (emphasis added).

Where in the past I would have advised noncitizen clients with a past criminal conviction, that if they decide to venture outside the United States, upon return to the United States, they may be denied re-entry, placed into proceedings, required to surrender their green card, etc. Based on today’s events, noncitizens with past criminal convictions should be prepared to be questioned and possibly detained before they even set foot on an international flight or cruise.

U.S. Citizenship for Green Card Holders

US citizenship is a natural pathway for immigrants living in the United States. Individuals may start the process when they are statutorily eligible under the INA, or they qualify under the exempt provisions of the statute. Green card holders are eligible to apply either as a spouse in three years and five years if in any other category. Once the interview is approved by the consular officer, the individual can then take the oath and become a naturalized citizen.

 

An individual over the age of 18 seeking to become a citizen of the United States must apply for naturalization by filing an Application for Naturalization, Form N-400. To be eligible for naturalization, an applicant must fulfill certain eligibility requirements set forth in the Immigration and Nationality Act (INA). In an immigrant’s life, the decision to become a U.S. Citizen can be very important. Individuals must demonstrate a commitment to the unifying principles of the U.S. constitution and in return, will enjoy many of the rights and privileges that are fundamental to U.S. Citizenship.

During the last decade, U.S. Citizenship and Immigration Services (USCIS) welcomed more than 6.8 million new naturalized U.S. citizens. In fiscal year 2010, approximately 495,232 individuals have been naturalized.

The eligibility requirements specify that the applicant must:

Be at least 18 years of age, a lawful permanent resident (green card holder), have resided in the United States for at least five years, have been physically present in the United States for at least 30 months, must be a person of good moral character, and be able to speak, read, write and understand the English language. The interview includes a test of the individual’s knowledge of U.S. government and history and once approved, to be willing and able to take the Oath of Allegiance.

Even though there are special naturalization provisions which exempts certain applicants from one or more of the general requirements, the overall process and requirements remain the same for the majority of applicants. Spouses of U.S. citizens and members of the military constitute the main categories of individuals who are exempt from some of the general requirements for naturalization.

Spouses of U.S. citizens may apply for U.S. citizenship three years after being admitted as lawful permanent residents, rather than the five years prescribed under the general provisions. Spouses of U.S. citizens stationed abroad may not be required to meet any particular residence or physical presence requirement.

Members of the military who served honorably during certain periods of conflict may be eligible for naturalization even though they have not been admitted as lawful permanent residents and even if they are under the age of 18. Members of the military who served honorably for at least one year, at any time, and apply for naturalization within a certain time after their military service, are also exempt from the general residence and physical presence requirements.

In addition to these naturalization provisions, the INA also provides for the naturalization of children who are under the age of 18.

A child under the age of 18, who is a lawful permanent resident residing in the United States in the legal and physical custody of a U.S. citizen parent, may automatically acquire U.S. citizenship.

A child who is residing abroad, who is temporarily present in the U.S. based an any lawful admission, may be eligible to apply for naturalization while under the age of 18 if he or she has at least one parent who is a citizen of the United States, and the parent (or qualifying grandparent) meets certain physical presence requirements in the United States. There are exemptions benefiting children of active-duty members of the military stationed abroad.

All persons filing an Application for Naturalization who have submitted a complete application along with all required documents will be scheduled for an interviewed by a USCIS officer. Those applicants found qualified are scheduled for an oath ceremony before a judge or an officer delegated the authority by the Director of USCIS to administer the Oath of Allegiance. Applicants do not become U.S. citizens until they have taken the Oath.

How Long Does it Take to Get a Green Card for a Brother or Sister?

If you’re a United States citizen and at least 21 years old, you are permitted to bring your brother or sister to reside and work in the USA as permanent resident (green card holder). Once your case for a brother or sister is approved, your relative must wait until a visa number can be obtained before they travel to the U.S.

 

When your relative reaches the “front of the line,” the U.S. Department of State contacts your relative and invites her or him to apply for an immigrant visa. This method is called “Consular Processing.” After your sibling submits his application for an immigrant visa, the consular office will schedule him for an interview. Consular Processing may take several months, and your relative will not receive his visa until all the steps are completed. Once your sibling receives her visa, she may travel to the U.S. Your sibling will receive his green card soon after arriving.

If your relative is within the U.S. when his visa number becomes available, he can adjust his status in the U.S. It might take several months for the relative to receive his or her green card after applying for an adjustment of status, and he cannot leave the United States while the application is pending.

Only 65,000 visas may be issued to brothers and sisters of U.S. citizens per year. Due to the numerical cap, there are long waiting periods to obtain a visa in this family immigration category.

China, India, the Philippines, and Mexico are countries with a high demand for U.S. immigrant visas. Because U.S. law limits the amount of immigrant visas available based on country, your brother or sister will need to wait longer if they are from those countries. Waiting times for siblings from China and India could be 10 years or more. Waiting times for those from Mexico and the Philippines are often much longer.

Your brother or sister’s place in line is going to be based on the date you file your petition. Therefore, you need to file your green card application as soon as possible.

 

 

US Immigration Law and Conditional Residency

In 1986 Congress passed the Immigration Marriage Fraud Amendment Act (IMFA). This created a status called “conditional residence.” Congress was convinced that many people married United States Citizens or Lawful Permanent Residents only to get immigration status.

 

Thus, the purpose behind the IMFA was to guarantee that only people who made “real” marriages would be able to obtain immigration benefits.

What is Conditional Permanent Residency?

Conditional permanent residency is the two year “probationary period” before which a person immigrates through a spouse may become or apply for lawful permanent resident status. While conditional residents enjoy most of the benefits that lawful permanent residents do, such as working and traveling in and out of the United States, conditional residents may have their status revoked or terminated and lose their status or be deported if they fail to:

* File within 90 days of the end of the two-year period, a joint petition to remove conditions; or
* File a waiver of the joint petition requirement if their marriage to the petitioner spouse has ended or where the petitioner spouse refuses to sign the joint petition;

Moreover, under certain circumstances USCIS may terminate conditional residency during the two-year period.

Who Is a Conditional Permit Resident?

* Anyone who immigrates:
* Through their spouse AND
* Enters the United States within two years of the date that they marry.

This also applies to children who are the derivative beneficiaries of a visa and enter or adjust within the United States with their conditional resident parent.

On occasion USCIS has incorrectly designated immigrating spouses as conditional residents based solely on the fact that they were admitted into the United States as spouses of US citizens or lawful permanent residents despite the fact that the entry occurred well after two years of marriage. If this happens to you, bring it to the attention of USCIS immediately so that it may be corrected.

What a Conditional Resident Should Know

* If you are a conditional resident, is important that you know the following:
* Make sure you know when you’re filing deadline is;
* Begin clicking documents now that you can use in two years to show that you have a bona fide marriage;
* As the conditional resident you are not dependent on your spouse to remove the conditions of residence; and
* Should you remain married to the US citizen, you are eligible to naturalize after three years of lawful permanent resident status instead of the traditional five years.

Do I really need an Immigration Lawyer?

Immigration law is one of the most complex forms of modern law. The various immigration laws and procedures are intricate and changes occur often. For these reasons it is important to have an experienced lawyer with thorough knowledge of each of the stages of an immigration case, including circumstances specific to your country and region.

 

The old saying “He who represents himself has a fool for a lawyer” continues to hold true for immigration law. Do not let incorrect information from friends, relatives, co-workers, immigration consultants, and notarios hurt your chances to receive immigration benefits that you are entitled to.

Many of the individuals who try to file applications on their own will eventually find that their lack of knowledge regarding immigration rules and regulations can lead to mistakes that are costly in terms of both time and money. These errors may limit an individual’s options, result in a Visa denial, and even result in deportation consequences. If hiring a lawyer becomes necessary later, your mistakes may limit the options that you would have had prior to filing. Many immigration attorneys are also likely to charge you significantly more to clean up a mess that you have created. In many states “notarios” illegally offer their services as immigration consultants but do not have the extensive knowledge or license necessary to complete the immigration process. Beyond violating the law, they also lack the training needed to understand complex legal matters and help you to decide on the best course of action given your specific situation. The USCIS does not recognize these consultants and will not let them represent you in court. In addition, because these individuals are operating illegally, their work is not held to any standard and you will not have the same reliability offered by an attorney.

The immigration process is more than just filling out forms. There are rules, regulations and consequences behind most of the questions asked on the forms. Don’t let a small mistake cause your application to be denied!

An expert immigration attorney will advise you about the most up-to-date laws and regulations concerning changes in immigration law. The attorney should also help you decide the best course of action specific to your situation and thoroughly explain your options to you. When preparing your case and representing you, your immigration attorney should be able to explain why you should be eligible for immigration benefits under current United States immigration law.

Cancellation of Removal for Non-Permanent Residents

Cancellation of removal for non permanent residents under INA § 240A(b)(1) is a form of discretionary relief that is granted by an immigration judge once removal proceedings have commenced.

 

To be eligible for this relief, the individual must prove the following:

1. They have been physically present in the United States continuously for 10 years immediately preceding their application for relief;

2. Have been a person of good moral character;

3. Have not been convicted of any crimes that would make him/her inadmissible or removable; and

4. Their removal would result in exceptional and extremely unusual hardship to his/her United States citizen or lawful permanent resident spouse, parent, or child. § 240A(b)(1).

Congress requires the showing of “exceptional and extremely unusual hardship” to emphasize that the alien must provide evidence of harm to his/her United States citizen or lawful permanent resident spouse, parent, or child that is substantially beyond that which would be ordinarily expected to result from an alien’s removal. The Board of Immigration said that “in deciding a cancellation of removal claim, consideration should be given to the age, health, and circumstances of the qualifying family members, including the lower standard of living or adverse country conditions in the country of return might affect those relatives.”

The Board also stated that “the hardship standard is not so restrictive that only a handful of applicants, such as those who have a qualifying relative with a serious medical condition, will qualify for relief.” They went on to provide a case example and decision that “[g]iven the unusual facts presented in [the] case, we find that the adult respondent has shown her United States citizen children will suffer exceptional and extremely unusual hardship if she is removed from the United States.” Essentially the mother in this case was eligible for relief because her deportation would have resulted in exceptional and extremely unusual hardship for her minor children.

As it is, the exceptional and extremely unusual hardship standard is difficult to meet for non permanent resident aliens seeking the relief of cancellation of removal. This burden is lessened if the non permanent residents seeking relief had been battered or suffered abuse at the hands of their U.S. citizen spouses or parents. In 1994, Congress passed the Violence Against Women Act (VAWA), which affords cancellation of removal as a defense to removal and has less rigid requirements if the applicant had been battered or abused.

To be eligible, the applicant must:

1. Have been battered or subjected to extreme cruelty in the United States by a united States citizen or lawful permanent resident spouse or parent, or is the parent in common with the abuser and the child has suffered abuse;

2. Have been physically present in the United States continuously for at least three years;

3. Has not been convicted of an aggravated felony;

4. Is not inadmissible or otherwise removable due to criminal, document or marriage fraud, or security grounds; and

5. The removal would result in extreme hardship to the applicant, the applicant’s child, or the applicant’s parent.

INA §240A(b)(2).

In order to qualify for cancellation of removal under VAWA, the abuse must rise to the level of battery or extreme cruelty. Under the Federal Code of Regulation, battery and extreme cruelty are defined as “being the victim of any act or threatened act of violence, including any forceful detention, which results or threatens to result in physical or mental injury. Psychological or sexual abuse or exploitation, including rape, molestation, incest (if the victim is a minor), or forced prostitution shall be considered acts of violence.” 8 C.F.R, §204.2(c)(1)(vi).

How the Stimulus Bill Affects Immigration (H1B Visas)

The Stimulus Bill and TARP will affect how employers will be able to employ foreign specialists through H1B visas by imposing additional restrictions normally limited to H1B-dependent companies.

 

Recently, in the news the U.S. Citizenship and Immigration Services (USCIS) issued an announcement on March 20, 2009, clarifying H1B requirements for employers who wish to hire H1B workers and who are recipients of funds under the Troubled Asset Relief Program (TARP). These restrictions are mandated by the Employ American Workers Act (EAWA), which is part of the American Recovery and Reinvestment Act (Stimulus Bill). Neelam Bhardwaj, an expert in the field of immigration, describes the new changes and how they will affect employers who receive TARP funds. The H-1B visa is a non immigrant visa available to professionally skilled alien workers, who are filling positions in a “specialty occupation,” requiring the minimum of a U.S. bachelor’s degree or foreign equivalent. U.S. employers recruit worldwide for professional talent in fields such as engineering, medicine, IT specialists, accountants, professors, scientists and other specialized fields. The foreign worker must be paid the prevailing wage for the position and a labor condition application (known as the LCA) must be signed and certified by the Department of Labor. This contains various employer attestations which can subject the employer to severe penalties if not followed.

There are additional requirements for certain H1B filings by U.S. employers who are recipients of TARP funds. The requirements apply only to H1B petitions for newly hired foreign national workers on or after February 17, 2009 through February 16, 2011. The USCIS interpretation of the Stimulus Bill and the EAWA for TARP-subject employers is provided below. Under the new EAWA requirements, H1B employers who receive TARP funding must meet requirements normally reserved for H1B-dependent employers. These employers must make additional attestations to the U.S. Department of Labor (DOL) when filing labor condition applications (LCAs) in connection with each H1B petition they file.

These additional attestations include taking good-faith steps to recruit U.S. workers for the position in question; offering the job to any U.S. workers who apply and qualify; not displacing any U.S. worker from a job that would be considered an equivalent of the job offered to the H1B worker within 90 days prior to the filing of the H1B petition and within 90 days after its filing. NC immigration lawyer Neelam Bhardwaj explains, “Additionally, these employers have to attest that no U.S. workers were displaced within the same timeframe at the actual placement locations of the H1B-sponsored workers. Employers are not exempt from making these attestations under any circumstances.” The standard exceptions to these attestations for “exempt” workers that are available to H1B-dependent employers (Masters degree holders or H1B employees earning at least $60,000 per year) do not apply to TARP-subject employers.

There is a cap of 65,000 visas for first time H visas; and 20,000 visas are available for holders of a U.S. masters degree (there is no cap for positions with non-profit organizations or institutions of higher education). This year as of April 7, 2009, USCIS did not receive more than the allotted number of H-1B visas under either the 65,000 H-1B cap, or the 20,000 Master’s cap, which was the last day of the 5 day filing window. Employers can continue to file H-1B petitions with an October 1, 2009 start date until the USCIS announces the “final receipt date,” which is when the 65,000 or 20,000 caps would have been met. Obtaining a request for H-1B classification has become difficult in recent times, and employers must take pains to demonstrate that the position is a “specialty occupation,” which is an occupation that requires the minimum of a bachelor’s degree in a specific specialty or its equivalent. In the case of a consulting company, where the H-1B worker will be assigned to third party client sites, the employer must further establish that the position is not speculative and that it will be able to employ the H-1B worker, at the very outset, in a specialty occupation.

 

US CR-1 Visa in Thailand

Introduction: The CR-1 visa is the conditional immigrant visa that allows a United States Citizen (petitioner) to bring their Thai spouse (beneficiary) to the United States. Contrary to the K3 visa, the CR-1 visa grants the beneficiary permanent residency in the United States. Thought the process is more arduous than other spousal visa options, the United States does not limit the number of CR-1 visas granted. Therefore, the CR-1 visa’s availability makes it an attractive option.

 

Eligibility: The eligibility requirements are common to the K visas. The petitioner must be a United States Citizen. The wedding must comply with the legal standards of the performing country. Accordingly, both couples must be legally free to marry. The CR-1 visa applies to marriages that have lasted less than two years. The petitioner must be able to show that they earn above the poverty level and will be able to support the beneficiary. Additionally, the couple must prove that they have a legitimate, genuine and continuing relationship. Finally, the U.S. Embassy will investigate the beneficiary for the following issues:
1. Health issues;
2. Involvement with drugs, controlled substances, or chemicals;
3. Criminal background;
4. Involvement in prostitution;
5. Likelihood of becoming a public charge; and
6. Intent to engage in unlawful activity in the United States.

Process: Once a wedding has taken place, the petitioner must return to or remain in the United States. The process to obtain a CR-1 visa begins by filing form I-130 Petition for Alien Relative. Once the petitioner receives notice that the form has been filed, they must file form I-129F petition for the CR-1 visa. Three separate agencies handle the CR-1 visa review process. First, the USCIS reviews the visa documents. Next, the USCIS forwards the package to the National Visa Center (NVC) where the documents undergo further review and processing. Finally, NVC sends the paperwork to the U.S. Embassy in Thailand. The U.S. Embassy then sends the beneficiary an appointment package. Next, the beneficiary must go through the interview process where the consulate seeks to determine the legitimacy of the marriage. This process usually takes 2-3 months longer than a K3 application. The government agencies apply a higher level of scrutiny to a CR-1 visa application because visas are immigrant visas.

Once the embassy grants the CR-1 visa, the petitioner may enter the United States as a conditional permanent resident. Since the CR-1 is a “multiple entry” visa, the beneficiary may leave and re-enter the United States at will. Additionally, the visa stamp operates as an immediate work permit. The beneficiary will receive a formal green card 2-3 months after establishing residency.

Permanency: The CR-1 visa is an immigrant visa that grants the beneficiary permanent residence on a conditional basis. The permanent residency remains conditional for two years. For the visa to remain effective, the couple must remain married for the two year probationary period. 90 days before the second anniversary of entry into the United States, the couple may petition the USCIS to lift conditional status of the permanent residency. A successful petition requires that the couple has remained married. If successful, the conditional status will vacate on the second anniversary.

Conclusion: The CR-1 is a viable alternative for couples married less than two years. The CR-1 visa’s uncapped status ensures that this option will always be available. Additionally, this immigrant visa ensures that the beneficiary will not have to apply to adjust their status. Despite the long and complex process, the CR-1 often remains the best available option.

 

 

VAWA – A solution for battered immigrant spouses

Obtaining permanent residence even if you entered without inspection or your marriage crumbles. This article is to be limited in scope and covers briefly the Violence Against Women Act (VAWA), as it pertains to immigration law only.

 

On January 6, 2006, the President signed the Violence Against Women Act (VAWA) into law. VAWA is a very powerful piece of legislation that has been successful in protecting abused spouses and children. Moreover, VAWA has very definite provisions to protect immigrants in abusive relationships from loosing their status in the United States or getting deported from the United States. This article is to be limited in scope and covers briefly VAWA as it pertains to immigration law only.

Who can use or benefit from VAWA?

Although VAWA stands for “Violence Against Women Act”, it applies to all spouses including abused men and children. A VAWA petition can be filed in situations where the spouse of the US citizen or Permanent Residence has abused the alien. Abuses do not always have to be physical. Abuse can be mental, psychological, physical, or a combination of all the above. In fact, many abuses are psychological and sometimes leave long lasting scars. For instance, Anita is Married to Ram who is a US citizen. Ram knowing that Anita is alone in the United States and depending on him to obtain a green card takes advantage of Anita. Ram will regularly make insulting comments to Anita. When Anita tries to answer the insult, Ram will be threatening on calling the Immigration Services on her.

Note that Ram never hits Anita or physically abuses Anita. However, Anita is scared and humiliated. She stays in the relationship not only because she fears deportation but also that her family at home will not welcome her back as a divorcee. As time goes by Anita gets bitter and desperate. She feels she has no way out of this relationship especially because she will have to leave the United States if she leaves her husband. Anita gets more and more depressed and feels like committing suicide. This example is quite common in South Asian communities even if it might be an extreme example of psychological abuses. The question is whether Anita can leave her husband, go to a shelter and stay in the US? Well, the short answer is yes provided Anita qualifies for a VAWA self petition.

What are the requirements to qualify for a VAWA petition?

In simple terms, there are three requirements to prove that you are eligible for a VAWA petition:

1.- You had a bona fide marriage, that is, you entered a marriage in good faith with a United States citizen or permanent resident (“green card” holder) spouse;
2.- You were in an abusive relationship; and
3.- You are a person of good moral character.

You are highly advised to document every of the above and to contact a licensed attorney who practices immigration law and is familiar with such cases. Indeed, preparing a VAWA abused case especially if it does not involve physical abuses can be a daunting task. Note that VAWA petitions can be filed during or before removal proceedings (deportations). Our office has successfully processed many of such cases. Note also that you have two years from the date of the finalization of a divorce to benefit from a VAWA applications if it is filed affirmatively. There is also VAWA cancellation which is filed in front of an immigration judge in case, a person is placed on deportation.

What will happen to a VAWA self petitioner if he/she files such a petition?

Many abused immigrant are afraid to file such petitions because they think that the abusive spouses are going to hurt them by reporting them to the immigration services when they find out. They are wrong because VAWA has very specific provisions to protect the abused spouses and children legally. First VAWA is a highly confidential matter. Any kind of investigation will be done very discreetly. Second, there are special provisions under the Immigration Laws that prevent information from the abusive spouses and their families to be used against the abused immigrant. There are few exceptions to this. In fact, it is an offense punishable by fine if an immigration officer crosses lines drawn by VAWA. Therefore, if you find yourself in a potential VAWA situation you are highly recommended to consult an attorney or an experienced organization which can help you. Remember you do not have stay in abusive relationship!

Removal of Conditional Residence based on abusive relationship

If Anita entered into a marriage obtained a conditional green card and then starts experiencing abuses, she is also eligible to remove this conditional residence based on the abusive relationship. The removal of conditional residence is removed among other ways by filing the form I-751 and selecting that you are removing the conditional residence based on an abusive relationship. In this case, the laws under VAWA will apply.

As we have pointed out earlier this article is limited in scope, there are actually other very important issues involved in a VAWA application. You are recommended to contact an experienced immigration attorney to help you with your application. Should you want more information, feel free to contact our office for a consultation.

The information contained in this article is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this article, clients or otherwise, should act or refrain from acting on the basis of any content included in the article without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient’s state. Shah Peerally is the managing for the Law Offices of Shah Peerally located in Fremont.