U.S. Citizenship and Immigration Services (USCIS) recently provided guidance to USCIS adjudicators for adjudicating Adjustment of Status (Form I-485) applications filed by Violence Against Women Act (VAWA) self-petitioners who are present in the United Stateswithout having been inspected and admitted or paroled.
The Violence Against Women Act (VAWA) allows battered immigrants to petition for legal status in theUnited States without relying on abusive U.S.citizen or legal permanent resident spouses, parents or children to sponsor their Adjustment of Status (Form I-485) applications. For many immigrant victims of domestic violence, battery and extreme cruelty, the U.S.citizen or lawful permanent resident family members who would sponsor their applications will threaten to withhold legal immigration sponsorship as a tool of abuse. The purpose of the VAWA program is to allow victims the opportunity to “self-petition” or independently seek legal immigration status in the U.S.
Showing posts with label Immigration Matters. Show all posts
Showing posts with label Immigration Matters. Show all posts
Tuesday, November 15, 2011
Wednesday, July 27, 2011
Immigration Inadmisibility Waiver
Many people have asked about how to get back to US after being deported, or having overstayed visa. This legal guide is written to give a rough idea.
Under US Immigration law, an alien who is ineligible to be admitted to the United States as an immigrant or to adjust status in the United States, and certain nonimmigrant applicants who are inadmissible may seek a waiver of certain grounds of inadmissibility.
Common grounds of inadmissibility primarily include:
A. Health-related grounds, communicable disease of public health significance, mental or physical disorder of certain degree;
B. Certain criminal grounds, a crime involving moral turpitude, or a violation of any law or regulation of a State, the United States, or a foreign country relating to a controlled substance, with exceptions.
C. Immigrant Membership in Totalitarian Party
Immigration fraud or misrepresentation.
E. Smugglers and Being Subject of Civil Penalty ;
The 3-year or 10-year bar etc.
What Evidence Should Be Submitted With the Application?
If you are applying for a waiver because you are the spouse, parent, son, or daughter of a U.S. citizen or an alien lawfully admitted for permanent residence, or the fiancé(e) of a U.S. citizen, you must attach evidence that demonstrates your denial of admission would result in extreme hardship to the U.S. citizen or legal permanent resident spouse, son, daughter or parent, or your U.S. citizen fiancé(e).
If you are a VAWA self-petitioner and you seek a waiver under INA section 212(a)(9)(C)(iii), submit any evidence that you believe establishes a connection between the battery or extreme cruelty that is the basis for the VAWA claim, your unlawful presence and your departure (or your removal) and your unlawful return or attempted unlawful return.
If you are a T nonimmigrant status holder seeking a waiver under INA section 212(a)(1) or section 212(a)(4), submit any evidence that demonstrates it is in the national interest to waive these grounds. If you are seeking a waiver under any other INA section 212(a) ground, submit any evidence that demonstrates it is in the national interest to waive such ground and that the activities rendering you inadmissible were caused by or were related to your victimization.
If you are a TPS applicant, any information that supports granting your waiver request on humanitarian, family unity, or public interest grounds.
If you are inadmissible because you have sought to procure an immigration benefit by fraud or misrepresenting a material fact (INA section 212(a)(6)(C)(i)), this waiver may be approved if you can establish that:
A. Your qualifying U.S. citizen or legal permanent resident relative (spouse, parent) or the K visa petitioner would experience extreme hardship if you were denied admission; or
You are a VAWA self-petitioner, and that you or your U.S. citizen, lawful permanent resident, or qualified parent or child may experience extreme hardship if you were denied admission.
If you are inadmissible only because of your participation in prostitution, including having procured others for prostitution or having received the proceeds of prostitution, but that you have been rehabilitated and your admission to the United States will not be contrary to the national welfare, safety, or security of the United States; OR At least 15 years have passed since the activity or event that makes you inadmissible, that you have been rehabilitated, and that your admission to the United States or the issuance of the immigrant visa will not be contrary to the national welfare, safety, or security of the United States; OR, your qualifying U.S. citizen or legal permanent resident relative (spouse, son, daughter, parent), or K visa petitioner would experience extreme hardship if you were denied admission; OR, you are an approved VAWA self-petitioner.
This legal guide provides legal information. This does not constitute legal advice. Contact an experienced immigration lawyer if you need legal advice. You are welcome to visit our website www.immigration-lawyer-Chinese.com or email us at attorney@immigration-lawyer-chinese.com
Under US Immigration law, an alien who is ineligible to be admitted to the United States as an immigrant or to adjust status in the United States, and certain nonimmigrant applicants who are inadmissible may seek a waiver of certain grounds of inadmissibility.
Common grounds of inadmissibility primarily include:
A. Health-related grounds, communicable disease of public health significance, mental or physical disorder of certain degree;
B. Certain criminal grounds, a crime involving moral turpitude, or a violation of any law or regulation of a State, the United States, or a foreign country relating to a controlled substance, with exceptions.
C. Immigrant Membership in Totalitarian Party
Immigration fraud or misrepresentation.
E. Smugglers and Being Subject of Civil Penalty ;
The 3-year or 10-year bar etc.
What Evidence Should Be Submitted With the Application?
If you are applying for a waiver because you are the spouse, parent, son, or daughter of a U.S. citizen or an alien lawfully admitted for permanent residence, or the fiancé(e) of a U.S. citizen, you must attach evidence that demonstrates your denial of admission would result in extreme hardship to the U.S. citizen or legal permanent resident spouse, son, daughter or parent, or your U.S. citizen fiancé(e).
If you are a VAWA self-petitioner and you seek a waiver under INA section 212(a)(9)(C)(iii), submit any evidence that you believe establishes a connection between the battery or extreme cruelty that is the basis for the VAWA claim, your unlawful presence and your departure (or your removal) and your unlawful return or attempted unlawful return.
If you are a T nonimmigrant status holder seeking a waiver under INA section 212(a)(1) or section 212(a)(4), submit any evidence that demonstrates it is in the national interest to waive these grounds. If you are seeking a waiver under any other INA section 212(a) ground, submit any evidence that demonstrates it is in the national interest to waive such ground and that the activities rendering you inadmissible were caused by or were related to your victimization.
If you are a TPS applicant, any information that supports granting your waiver request on humanitarian, family unity, or public interest grounds.
If you are inadmissible because you have sought to procure an immigration benefit by fraud or misrepresenting a material fact (INA section 212(a)(6)(C)(i)), this waiver may be approved if you can establish that:
A. Your qualifying U.S. citizen or legal permanent resident relative (spouse, parent) or the K visa petitioner would experience extreme hardship if you were denied admission; or
You are a VAWA self-petitioner, and that you or your U.S. citizen, lawful permanent resident, or qualified parent or child may experience extreme hardship if you were denied admission.
If you are inadmissible only because of your participation in prostitution, including having procured others for prostitution or having received the proceeds of prostitution, but that you have been rehabilitated and your admission to the United States will not be contrary to the national welfare, safety, or security of the United States; OR At least 15 years have passed since the activity or event that makes you inadmissible, that you have been rehabilitated, and that your admission to the United States or the issuance of the immigrant visa will not be contrary to the national welfare, safety, or security of the United States; OR, your qualifying U.S. citizen or legal permanent resident relative (spouse, son, daughter, parent), or K visa petitioner would experience extreme hardship if you were denied admission; OR, you are an approved VAWA self-petitioner.
This legal guide provides legal information. This does not constitute legal advice. Contact an experienced immigration lawyer if you need legal advice. You are welcome to visit our website www.immigration-lawyer-Chinese.com or email us at attorney@immigration-lawyer-chinese.com
Asylum Basics
Asylum
Many people think of asylum when they run out of ideas of immigration solutions. Many know that If you are granted asylum, you and any eligible spouse or child included in your application will be permitted to remain and work in the United States and may eventually adjust to lawful permanent resident status. If you are not granted asylum, the case will be referred to court where you get to have second bite at the apple. Even if you don’t like the judge’s decision, you will be able to appeal. Therefore, all in all, rumor has it that application for asylum is fit-all immigration solution.
What is Asylum?
In order to qualify for asylum, you must establish that you are a refugee who is unable or unwilling to return to his or her country of nationality, or last habitual residence in the case of a person having no nationality, because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. This means that you must establish that race, religion, nationality, membership in a particular social group, or political opinion was or will be at least one central reason for your persecution or why you fear persecution.
Penalty for Perjury
All statements in response to questions contained in this application are declared to be true and correct under penalty of perjury. You and anyone, other than an immediate family member, who assists you in preparing the application must sign the application under penalty of perjury. Your signature is evidence that you are aware of the contents of this application. Any person assisting you in preparing this form, other than an immediate family member, must include his or her name, address, and telephone number and sign the application. If you knowingly provide false information on this application, you or the preparer of this application may be subject to criminal penalties for up to 10 years in prison.
Immigration law concerning asylum and withholding of removal or deferral or removal is complex. You have a right to provide your own legal representation at an asylum interview and during immigration proceedings before the Immigration Court at no cost to the U.S. Government.
This blog provides legal information and thus does not constitute legal advice. For legal advice, please contact an experienced immigration lawyer. We are Chinese speaking immigration specializing in Business immigration which include L1 visa, E2 visa, EB5, H1B and other employment-based green card and etc. You are welcome to visit our website at www.immigration-lawyer-Chinese.com or contact us via email at attorney@immigration-lawyer-Chinese.com.
Many people think of asylum when they run out of ideas of immigration solutions. Many know that If you are granted asylum, you and any eligible spouse or child included in your application will be permitted to remain and work in the United States and may eventually adjust to lawful permanent resident status. If you are not granted asylum, the case will be referred to court where you get to have second bite at the apple. Even if you don’t like the judge’s decision, you will be able to appeal. Therefore, all in all, rumor has it that application for asylum is fit-all immigration solution.
What is Asylum?
In order to qualify for asylum, you must establish that you are a refugee who is unable or unwilling to return to his or her country of nationality, or last habitual residence in the case of a person having no nationality, because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. This means that you must establish that race, religion, nationality, membership in a particular social group, or political opinion was or will be at least one central reason for your persecution or why you fear persecution.
Penalty for Perjury
All statements in response to questions contained in this application are declared to be true and correct under penalty of perjury. You and anyone, other than an immediate family member, who assists you in preparing the application must sign the application under penalty of perjury. Your signature is evidence that you are aware of the contents of this application. Any person assisting you in preparing this form, other than an immediate family member, must include his or her name, address, and telephone number and sign the application. If you knowingly provide false information on this application, you or the preparer of this application may be subject to criminal penalties for up to 10 years in prison.
Immigration law concerning asylum and withholding of removal or deferral or removal is complex. You have a right to provide your own legal representation at an asylum interview and during immigration proceedings before the Immigration Court at no cost to the U.S. Government.
This blog provides legal information and thus does not constitute legal advice. For legal advice, please contact an experienced immigration lawyer. We are Chinese speaking immigration specializing in Business immigration which include L1 visa, E2 visa, EB5, H1B and other employment-based green card and etc. You are welcome to visit our website at www.immigration-lawyer-Chinese.com or contact us via email at attorney@immigration-lawyer-Chinese.com.
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