Types of Visas

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IMMIGRATION

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Immigrant

VAWA

VAWA Extreme Hardship Factors:

The nature and extent of the physical and psychological consequences of the battering or extreme cruelty;

The impact of the loss of access to the U.S. courts and criminal justice system (including, but not limited to, the ability to obtain and enforce orders of protection, criminal investigations and prosecutions, and family law proceedings or court orders regarding child support, alimony, maintenance, child custody, and visitation);

The applicant’s or applicant’s child’s need for social, medical, mental health, or other supportive services, particularly those related to the abuse or surviving the abuse, which would not be available or reasonably accessible in the foreign country;

The existence of laws, social practices, or customs in the foreign country that would penalize or ostracize the applicant or applicant’s child for leaving an abusive situation, or for taking action to stop the abuse;

The abuser’s ability or lack thereof to travel to the foreign country, and the ability, willingness, or lack thereof of foreign government authorities to protect the applicant and/or the applicant’s child from future abuse.

Violence Against Women’s Act: The VAWA Green Card.

Many of our clients are victims of domestic violence who are looking for a way to get their permanent residency in the United States. This visa allows the abused spouse of a U.S. citizen or lawful permanent resident to self-petition for a green card without the knowledge of their abuser. It is a vital tool in helping these victims escape abusive situations.

 If you are a victim of domestic violence, you may be eligible to file for a “green card” under the Violence Against Women Act (VAWA). This article will explain what the VAWA Green Card is and how to apply for it, including how you can self-petition without the knowledge or consent of your abuser.

What is the VAWA visa?

The Violence Against Women Act (VAWA) is a law passed in 1994 to help protect victims of domestic violence. The VAWA green card allows certain spouses, children, parents of U.S. citizens, and permanent residents to get their green card without the abuser’s knowledge or consent. 

This is important because it allows victims of abuse to get away from their abusers and start new lives without worrying about being deported back to their home country. 

To be eligible for a VAWA green card, you must be able to prove that you have been a victim of domestic violence by your U.S. citizen or permanent resident spouse, parent, or child. The application process for this visa can be complex, and it can take several months to get approved.

Who can apply for a VAWA visa?

The VAWA green card is available to spouses, children, and parents of U.S. citizens and permanent residents who have been victims of domestic violence.

To be eligible, you must prove that you have been a victim of abuse by your U.S. citizen or permanent resident spouse, parent, or child. Accepted forms of evidence include police reports, hospital records, and restraining orders. 

You’re eligible to self-petition under VAWA if:

  • you’re an abused spouse of a US citizen or legal permanent resident
  • you’re an abused child of a US citizen or lawful permanent resident
  • you’re a spouse of a US citizen or lawful permanent resident, and your children are being abused

What are the requirements?

To self-petition for a VAWA green card, you must be able to prove that you have been a victim of domestic violence by your U.S. citizen or permanent resident spouse, parent, or child. 

What is domestic abuse?

The United Nations defines domestic abuse as “any form of physical, sexual, or psychological violence that occurs within the family or domestic unit or between former or current spouses or partners, whether or not the abuser shares or has previously shared the same residence with the victim.” 

This includes physical violence, sexual abuse, emotional abuse, and economic abuse. Anybody can be a victim of domestic violence, and if you’re experiencing domestic abuse, you’re not alone.

If you’re a victim of domestic violence, you may be eligible to file for a “green card” under the VAWA act. Even if your abuser is withholding your documents and threatening your immigration status, you can still self-petition for a VAWA green card without their knowledge or consent.

Your abuser does not have to withhold your documents for you to be eligible for this visa.  

What evidence is accepted?

There is much evidence to be supplied for your petition to be complete. The evidence needs to show that you suffered from abuse that a family member committed. 

Police reports, hospital records, and restraining orders are all accepted forms of evidence. If you don’t have any of these things, there are other ways to prove your case. 

You need to have evidence to support the following:

  • The abuser’s citizenship status
  • Proof of your relationship with the abuser
  • Proof that you have been abused (does not have to be police reports,  can be letters from friends, family, co-workers, or clergy)
  • Proof that the marriage (if applicable) has been in good faith
  • Affidavit of good moral character and legal criminal background check
  • If you have children, proof that they have also been abused (if applicable)
  • Proof that you and the abuser had shared residency

What is the application process?

Applying for a VAWA can be incredibly stressful, and it’s essential to get help from an experienced immigration attorney. The process is long and complex, and it can take several months to get approved.

Here is the application process:

First, you will need to gather all necessary evidence and forms. The form required is Form I-360. In some cases, you may be eligible to file for an I-485 which allows you to adjust your citizenship status simultaneously. 

Next, you will need to file a petition with the USCIS. You can do this by mail or online.

Once the USCIS receives your petition, they will send you a notice confirming that they have received it. You will need to attend an interview with a USCIS officer, which will be scheduled within 45 days of the receipt of your petition. 

You will need to provide more evidence to show that you qualify for a VAWA green card at the interview. The USCIS officer will ask you questions about your relationship, the abuse, and immigration history. 

After the interview, the USCIS will decide on your case. If you are approved, you will be granted a green card. 

If you are not approved, you can appeal the decision or file a motion to reopen or reconsider your case. 

It’s essential to get help from an experienced immigration attorney throughout the process to ensure that your rights are protected and that you have the best chance of success.

What are the benefits of a VAWA green card?

A VAWA green card allows victims of domestic violence to live and work in the United States without fear of being deported back to their home country. 

It also allows victims to become U.S. citizens eventually. 

A VAWA green cardholder can also petition for their children to come to the United States. 

If you are a victim of domestic violence, you don’t have to suffer in silence. Help is available, and you may be eligible for a VAWA green card.

Get started:

Claudia Ribas has over 20 years of experience working in immigration and has the knowledge and expertise to help you through the process. I am ready to write your Psychological Report proving that you are eligible for a VAWA Visa.

Give us a call to get started with your case.

I-601 waiver = EXTREME HARDSHIP

 

If you are attempting to obtain a visa or green card in the United States but are being denied due to inadmissibility, you may be entitled to request a waiver of certain grounds based on the extraordinary hardship that your qualified family will face if you are denied admission.

According to a POLICY adopted by U.S. Citizenship and Immigration Services (USCIS), your waiver will be approved if you can provide strong evidence that your relative will experience either:

  • extreme hardship either in the U.S. (if you were not allowed to come to or stay in the U.S.), or
  • in your home country (if your relative follows you there).
  • My reports cover the psychological, emotional, financial and family hardship that my client will experience.

 

What is an Extreme Hardship Visa (I 601 A)?

The official name for the extreme hardship visa is an I-601A provisional waiver of inadmissibility. This waiver is for certain immediate relatives of U.S. citizens who are living in the United States and wish to remain in the country but cannot do so because they are considered inadmissible. 

The term “extreme hardship” is not defined in the law, but USCIS (U.S. Citizenship and Immigration Services) has interpreted it to mean “significant difficulties” that are more than what a person typically experiences when leaving their home country. 

These difficulties include, but are not limited to: 

– health problems

– financial problems

– family ties in the United States

– fear of persecution or torture

To be eligible for an extreme hardship waiver, you must prove that your spouse or parent would experience extreme hardship if you were not allowed to remain in the United States. 

It is important to note that USCIS will only consider your spouse or parent’s hardships – they will not take into account your hardships. 

Who is eligible for an I 601 A visa?

The eligibility criteria for an extreme hardship waiver are as follows: 

– You must be the spouse or child of a U.S. citizen

– You must be inadmissible to the United States

– You must have an immigrant visa interview scheduled

– You must prove that your spouse or parent would experience extreme hardship if you were not allowed to remain in the United States

How long does it take to get an I 601 A visa approved?

The processing time for an extreme hardship waiver can vary depending on the individual case. However, it generally takes between 4-and 6 months for USCIS to decide on the waiver. 

This is because USCIS needs to carefully review each case to ensure that the applicant meets all the eligibility requirements and that there is a legitimate reason for the waiver.

How much does it cost to apply for an I 601 A visa?

There is a filing fee of $601(check prices on the USCIS website) for the I-601A provisional waiver application. There are also costs associated with the immigrant visa application, depending on the country of origin. 

Other costs to consider include the cost of any supporting documentation, such as birth certificates or medical records, and the cost of travel to and from the immigrant visa interview. Your lawyer fees will also need to be considered. 

What are the benefits of an I 601 A visa?

If you are approved for an extreme hardship waiver, you will be able to remain in the United States with your family while your immigrant visa is being processed. This can take several months, but it allows you to avoid the separation of your family during this time. 

Another benefit of the I-601A waiver is that it allows you to apply for a work permit while you are waiting for your immigrant visa to be processed. This can be extremely helpful if you need to support your family financially during this time. 

What is the process for obtaining an I 601 A visa in the United States?

The first step in applying for an extreme hardship waiver is to file an I-601A provisional waiver application with USCIS. 

You will need to provide evidence of your relationship with a U.S. citizen and prove your inadmissibility to the United States. You will also need to confirm that your spouse or parent would experience extreme hardship if you were not allowed to remain in the United States. 

Once your application has been filed, you will be scheduled for an immigrant visa interview at a U.S. consulate or embassy. This interview is where you will need to provide evidence of your extreme hardship waiver. 

At the interview, a consular officer will review your case and decide on whether or not to approve your waiver. Your consular officer will take into account all of the evidence you have provided and any other relevant factors. 

If your waiver is approved, you will be able to proceed with your immigrant visa application and be on your way to living in the United States with your family. 

What happens after my I 601 A visa is approved?

Once your extreme hardship waiver is approved, you will be able to schedule your immigrant visa interview at a U.S. consulate or embassy. This interview involves a review of your waiver by a consular officer and a consultation to confirm your identity and eligibility for an immigrant visa. 

You will need to present all the required documentation at the interview, including your I-601A approval notice, and undergo a medical examination. This examination ensures that you are not inadmissible to the United States on health-related grounds. 

Once you have completed your interview and medical examination, you will be issued an immigrant visa. This visa allows you to enter the United States as a lawful permanent resident. 

You will then be able to live and work in the United States with your family and eventually apply for U.S. citizenship. 

Applying for an extreme hardship waiver can be a complex and confusing process, but it is possible to navigate the process with the help of an experienced immigration lawyer. 

Claudia Ribas has worked in immigration for over 20 years and understands the hardship waiver process well. She can write Psychological Reports to help increase your chances of possible success. 

If you or a loved one is facing separation from your family due to inadmissibility, contact us today. We’ll review your case and advise you on the best course of action.

Call us now. 

The Asylum Visa – What You Need to Know

Asylum refers to the protection that the United States government provides to people who have been persecuted in their home countries due to their race, religion, nationality, political opinion, or membership in a particular social group. If you are granted asylum, you will be allowed to live and work in the United States indefinitely.

This Post will explore everything you need to know about  the asylum visa, including eligibility requirements, the application process, and what to expect if your application is approved or denied.

What Is the Asylum Visa?

An asylum visa is a type of visa that allows people who have been persecuted in their home countries to come to the United States and live here permanently. In order to be eligible for an asylum visa, you must be able to show that you have been persecuted in the past or have a well-founded fear of persecution in the future.

If you are granted asylum, you will be allowed to live and work in the United States indefinitely. You may also be eligible to bring your spouse and children to the United States if they meet certain criteria.

Eligibility Requirements

In order to be eligible for an asylum visa, you must meet the following criteria:

-You must be able to show that you have been persecuted in the past or have a well-founded fear of persecution in the future.

-The persecution must be based on one of the following grounds: race, religion, nationality, political opinion, or membership in a particular social group.

-You must be unable or unwilling to return to your home country because of the persecution.

-You must be physically present in the United States when you apply for asylum.

If you are not sure whether you meet the eligibility requirements for an asylum visa, you should get in contact with an experienced immigration attorney who can assess your case and advise you on the best course of action.

The Application Process

If you would like to apply for an asylum visa, you will need to submit a completed I-589 form, which is available on the USCIS website. You will also need to pay a filing fee of $585.

Your application will then be reviewed by USCIS. If USCIS determines that you are eligible for an asylum visa, you will be scheduled for an interview with an asylum officer.

If your application is approved, you will be granted asylum and will be allowed to live and work in the United States indefinitely. If your application is denied, you will have the opportunity to appeal the decision.

What to Expect After Your Application Is Approved:

If your application for an asylum visa is approved, you will be allowed to live and work in the United States indefinitely. You may also be eligible to bring your spouse and children to the United States if they meet certain criteria.

After you have been granted asylum, you may apply for a green card one year after your date of entry into the United States. Once you have a green card, you will be able to live and work in the United States permanently.

If you have any questions about the asylum visa or the application process, you should get in touch with an experienced immigration attorney who can advise you on your specific case. Claudia Ribas will write the Psychological Report for you. Call today for more information (914) 261-0596

Human Trafficking visa – How to apply

Every day, people around the world are subjected to various types of human trafficking. This includes being transported and forced into labor or sexual exploitation. The US has a visa specifically for victims of human trafficking, which can provide them with safety and assistance.

If you or someone you know is a victim of human trafficking, here’s what you need to know about applying for the US Human Trafficking visa.

 

The human trafficking visa:

The human trafficking visa, also known as the T nonimmigrant visa, is specifically for victims of human trafficking. This includes people who have been subjected to:

-Sex trafficking

-Forced labor

-Involuntary servitude

-Slavery

-Debt bondage

To be eligible for the human trafficking visa, you must:

-Be currently residing in the United States or be present in the United States when you apply for the visa

-Be willing to assist in the investigation or prosecution of human trafficking cases

-Have been a victim of human trafficking in the United States

If you are under the age of 18, you may still be eligible for the human trafficking visa if you meet the above criteria.

 

Who isn’t eligible for the human trafficking visa?

You may not be eligible for the human trafficking visa if you:

– Have been convicted of a crime in the United States

– Are deemed by the US government to be a danger to the community

– Are inadmissible to the United States for other reasons

Some reasons that immigrants are inadmissible to the United States include having a communicable disease, being a drug addict, or having been convicted of certain crimes.

 

What are the benefits of the human trafficking visa?

If you are granted a human trafficking visa, you will be allowed to live and work in the United States for up to four years. You may also be eligible to apply for a green card after three years.

Additionally, the human trafficking visa allows you to access certain benefits and services, such as:

-Social service benefits, including housing assistance

-Medical benefits, like mental health counselling

-Legal benefits, like help with filing for a restraining order

These benefits can help you get back on your feet and start rebuilding your life after being a victim of human trafficking.

 

Applying for the human trafficking visa:

To apply for the human trafficking visa, you will need to submit a completed I-914 form. You will also need to provide evidence that you have been a victim of human trafficking, such as police reports or medical records.

Once your application is submitted, USCIS will review your case and determine whether you are eligible for the human trafficking visa. If your application is approved, you will be granted a T nonimmigrant status and will be allowed to live and work in the United States for up to four years.

After you have been granted a T nonimmigrant status, you may be eligible to apply for a green card. This will allow you to live and work in the United States permanently.

If you have any questions about the human trafficking visa or the application process, you should get in touch with an experienced immigration attorney who can advise you on your specific case. Claudia Ribas can help you by writing a powerful Psychological Report for you from start to finish. Call for more information (914) 261-0596.

U-Visa

The U visa is a United States non-immigrant visa which is set aside for victims of crimes (and their immediate family members) who have suffered substantial mental or physical abuse while in the U.S. and who are willing to assist law enforcement and government officials in the investigation or prosecution of the criminal activity. It permits such victims to enter or remain in the US when they might not otherwise be able to do so.

Requirements

There are six legal requirements for U non-immigrant status:

  • The applicant must have been a victim of a qualifying criminal activity.
  • The applicant must have suffered substantial physical or mental abuse as a result of having been a victim of these criminal activities.
  • The applicant must have information concerning that criminal activity.
  • The applicant must have been helpful, is being helpful, or is likely to be helpful in the investigation or prosecution of the crime.
  • The criminal activity occurred in the United States or violated U.S. laws.
  • The applicant is admissible to the United States under current U.S. immigration laws and regulations; those who are not admissible may apply for a waiver.

U-Visa – Everything You Need to Know

Looking to stay in the the United States? Here’s everything you need to know about the U-Visa, from what it is to who is eligible. The U-Visa allows you to stay in the US for up to four years, and is renewable.

What is a U-Visa?

A U-Visa is a nonimmigrant visa that allows victims of certain crimes who have cooperated with law enforcement to remain in the United States for up to four years. The visa also provides work authorization and some other benefits.

Some of the benefits of having a U-visa include:

-Being able to work in the United States

– Being able to travel in and out of the United States

– Protection from deportation

– Access to certain government benefits, including

Who is eligible for a U-Visa?

To be eligible for a U-Visa, you must meet the following criteria:

– You must have been the victim of a qualifying crime.  Qualifying crimes include, but are not limited to, domestic violence, sexual assault, trafficking, and kidnapping.

– You must have cooperated with law enforcement in the investigation or prosecution of that crime.

– As a result of your cooperation, you must have suffered substantial mental or physical abuse.

You need to supply law enforcement with a signed certification attesting to your helpfulness in the investigation or prosecution of the crime. This certification is also known as a Form I-918, Supplement B.

Who is not eligible for a U-Visa?

You are not eligible for a U-Visa if you have been convicted of a felony in the United States. You may also be ineligible if you have been convicted of a crime of moral turpitude, or if you are deemed to be a national security risk.

How do I apply for a U-Visa?

To apply for a U-Visa, you must submit the following to USCIS: 

– A completed Form I-918

– A completed Supplement B to Form I-918

– Two photographs of yourself

– Evidence of your helpfulness in the investigation or prosecution of a crime, as well as evidence of the abuse you suffered

– A $460 filing fee

You may also need to submit additional documents, depending on your individual circumstances.

What happens after I apply for a U-Visa?

Once you have submitted your application, USCIS will review it to ensure that you have met all the eligibility requirements. If they need more information from you, they will request it.

Once your application is complete, it will be sent to the National Visa Center for processing. You will be notified when your visa is ready, and you will need to attend an interview at the US embassy or consulate in your home country.

At the interview, you will need to provide evidence that you meet all the eligibility requirements for a U-Visa. You will also need to submit your biometrics, which include your fingerprints and a photo.

Conclusion:

Applying for a visa can be a complicated process, but we hope that this explanation has made it a little bit easier for you. If you need a Psychological Report for your U-Visa, get in contact with Claudia Ribas (914) 261-0596

For a brief and complimentary telephone consultation, please call (914) 261 0596