Normally, both you and your spouse are required to sign the application form. However, if you are in an abusive relationship, you can file the petition for your 10-year green card without your spouse’s knowledge or consent. Your spouse does not have to sign the application.
There is a risk that the U.S. Consulate will deny your application for a visitor visa. A B2 tourist visa is a nonimmigrant visa. By submitting Form I-130, you are applying for an immigrant visa. If the U.S. consulate believes that you are applying for a B2 visitor visa for the purpose of immigrating to the U.S., the consulate will deny your application for a tourist visa. Applying for a tourist visa will not affect your application for an immigrant visa.
There is no interview required for Form I-360, but there is an interview required for your Form I-485 Application to Adjust Status. At the interview, the USCIS officer will ask you questions to confirm whether you are eligible to receive a green card, but the officer usually will not ask questions about the abuse you suffered. Therefore, it is important to submit as much evidence as possible to prove you suffered abuse, including a thorough written statement.
Yes. You can file a Form I-360 VAWA petition if the marriage was terminated within two years prior to the date you filed Form I-360. You must also demonstrate a connection between the termination of the marriage and the battery or extreme cruelty you suffered.
First, you should provide sufficient information for USCIS to determine that you entered into your marriage with your spouse in good faith. Next, you must describe the battery or extreme cruelty you suffered. Finally, you should describe how you are a person of good moral character.
You can apply for VAWA while living outside of the U.S. if you are able to prove that you were subjected to battery or extreme cruelty in the U.S.
In your situation, if you file Form I-130 for your child before his 21st birthday, his age will be “frozen.” Even if he turns 21 during the application process, his case will still be categorized as a child under 21. You still have to wait for USCIS to process his application, but he will not have to endure a long visa backlog.
If your immigration application is missing important information or documents, USCIS will not immediately deny your application. Instead, USCIS will first mail you a Request for Evidence (RFE). The purpose of the RFE is to notify you of the defect in your application and give you an opportunity to correct the problem. If you timely respond to the RFE and provide all the information or documents that USCIS requests, USCIS will continue to process your application. If you do not, then USCIS can deny your application.
If you can satisfy the English and civics requirements for naturalization with reasonable accommodations, then yes, you still have to take both tests. USCIS will make every effort to make reasonable accommodations for applicants with disabilities.
If you cannot leave the U.S. before your period of authorized stay expires, you may apply to extend your B-2 visitor status. However, to do so, you must submit the correct form and all required evidence. You must also file your application to extend your stay before your six-month authorized period expires.
Yes, you may apply for a green card through VAWA even if you overstayed your visa and worked without authorization. Pursuant to section 245(a) of the Immigration and Nationality Act (INA), a person is ineligible to receive a green card if she failed to maintain lawful status in the U.S. or violated the terms of her nonimmigrant status. But pursuant to INA sections 245(c)(2) and (c)(8), these restrictions do not apply to applicants for a green card through the Violence Against Women Act (VAWA).
Yes, you can still apply for VAWA even if you do not have any income. To apply for a VAWA green card, you must file two main forms: Form I-360 and Form I-485. There is no fee required to file Form I-360. Currently, the fee to file Form I-485 is $1,225. But the fee for Form I-485 can be waived if you satisfy any of the following conditions.
To apply for an immigrant visa for your unmarried child under the age of 21 who lives outside the U.S., you must be a U.S. citizen or lawful permanent resident (a green card holder). There are three steps to apply for an immigrant visa for your child.
If you remain in the U.S. longer than the time allowed, you will begin to accrue unlawful presence. If you leave the U.S. after accruing unlawful presence, you may be banned from returning for either three years or ten years. If you accrued more than 180 days but less than one year of unlawful presence during a single stay in the U.S., you will be barred from reentry for a period of 3 years. If you accrue more than one year of unlawful presence, you will be barred from reentry for a period of 10 years.
The Violence Against Women Act (“VAWA”) allows a noncitizen who has been abused by a family member to file a petition to adjust status without the knowledge of the abusive family member. The process for applying for VAWA for a person who currently resides in the U.S. consists of several steps.