Articles Posted in VAWA

In this video attorney Jacob Sapochnick answers a frequently asked question: Can you lose your green card if you get divorced during the green card application process?

The answer is that it depends on where you are in the green card process.

As a preliminary matter, when you are married to a U.S. Citizen for less than 2 years, at the time of filing, you receive a conditional green card that is valid for 2-year period. In order to remain in the United States, you must remove the conditions on your green card before your conditional green card expires.

If you have been married for more than 2 years at the time of filing, then you will receive a green card that is valid for 10 years, and you do not need to remove your conditions.

If you divorce after obtaining your conditional green card, you can still remove your conditions to obtain the 10-year green card, despite having divorced. To read more about the removal of conditions process for applicants who have divorced please click here.

Continue reading

In this video attorney Jacob Sapochnick discusses a new rule, effective October 15, 2019, that expands the list of public benefits that make a foreign national ineligible to obtain permanent residence and/or an immigrant or nonimmigrant visa.

Overview: 

Receipt of certain public benefits by a non-citizen may render that individual ineligible to obtain: a visa to the United States, adjustment of status to permanent residence, or ineligible for admission to enter the United States.

The final rule defines a public charge as any alien who receives one or more designated public benefits for more than 12 months in the aggregate within any 36-month period.

Under the final rule, immigration will now be taking into consideration the following benefits to determine whether an individual is or is likely to become a public charge to the U.S. government:

Continue reading

You are married to a US Citizen and you filed your petition for a green card, but now you are going through a divorce, can you keep your green card?

Divorce Prior to Green Card

If you have filed your application for a green card, but have not yet attended your green card interview, and you or your spouse has since filed for divorce, it is going to be nearly impossible for your green card application to continue without the U.S. Citizen spouse.

If the divorce is filed or is happening before the adjudication of your green card, there are very few options for the foreign spouse to obtain a green card.

As long as the foreign spouse is in legal status, they may be able to remain in the United States by changing their status to a nonimmigrant visa category. In this case, the foreign spouse may only remain in the U.S. temporarily, until the duration of the visa is up.

Continue reading

In this video, we explain the process of obtaining a green card if you have been a victim of domestic violence.

As a battered spouse, child, or parent of a U.S. citizen, you may self-petition for an immigrant visa petition under the Immigration and Nationality Act (INA), as amended by the Violence Against Women Act (VAWA), without the abuser’s knowledge. If you have an approved petition, you may be eligible to file for a Green Card.

Overview: 

Generally if you have been the victim of physical, emotional, or verbal abuse, as a spouse of a US Citizen, you may still apply for your green card (self-petition) without the US Citizen spouse, by filing the I-360 petition under the Violence Against Women Act (VAWA). Once approved, you may file for permanent residency. A VAWA petition may be filed regardless of gender.

Continue reading

In this segment, attorney Jacob J. Sapochnick discusses common reasons for green card denials. To read more about family-based green cards please click here. For information about employment-based green cards click here.

Overview:

There are generally two ways to apply for a permanent resident green card 1. through a qualifying family relationship and 2. through employment. Please note that special categories of green card applicants exist beyond these two options including obtaining a green card through 245i, the diversity immigrant visa program , the Violence Against Women Act (VAWA), Asylum, and based on a U visa.

There are several reasons a green card application may be denied which may include, but is not limited to the following: health, criminal, and security related issues, failure to demonstrate that the applicant will not become a public charge, failure to respond to a request for evidence by the required deadline, prior immigration violations, inability to meet the requirements for a green card, and not showing up to required immigration appointments.

If your green card application has been denied, you may be able to rescue your application by filing a motion to reopen. To assess your specific case please contact us for a free consultation.

Remember to follow us on Facebook, Youtube, Twitter, and Instagram.

Capture