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| Remember , remember always that all of us ... are descended from immigrants and revolutionists. -=Franklin D. Roosevelt before the Daughters of the American Revolution=- endowed by their Creator rights, that among these with certain inalianable are rights, that among these pursuit of happiness. are life, liberty and the pursuit of happiness. . -=The Declaration of Independence of the Thirteen Colonies=- It has pleased Almighty God ... He has largely augmented our free population by emancipation and by immigration, while he has opened to us new sources of wealth, and has crowned the labor of our working-men in every department of industry with abundant rewards. -=President Abraham Lincoln's 1864 Thanksgiving Proclamation=- One more Quote for those inclined: O, wonder! How many goodly creatures are there here! How beauteous mankind is! O brave new world, That has such people in't! "ENGLISH IS SPOKEN HERE" AT WANGLAW USA |
Relief Under Violence Against Women Act (VAWA) SELF-PETITIONS BY ABUSED SPOUSES OF U.S. CITIZENS & OTHER FAMILY MEMBERS In 1994, the U. S. Congress enacted the Violence Against Women Act which included protection for immigrants who are battered or abused within the family relationship. These provisions were updated by the Battered Immigrant Women's Act in 2000. 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. Therefore, the purpose of the VAWA program is to allow the victim the opportunity to “self-petition” or independently seek legal immigration status in the U. S , including removal of the two year marital condition,directly and without the knowledge of the abuser. A non-citizen who is battered by a U.S.Citizen or Lawful Permanent Resident and who also is (1) the spouse; (2) the child/step-child who was battered or witnessed spousal abuse of his or her parent/ step-parent; or (3) a parent who is battered by his or her adult child, may file an immigrant visa petition (self-petition) under the Violence against Women Act (VAWA). An otherwise ineligible person who is a victim of criminal violence may still apply for relief under the U-Visa (see the next section following). Furthermore, on April 11, 2008, the USCIS issued guidance implementing the law that permits the issuance of the Green Card to the approved VAWA self-petitioner who entered the United States without having been inspected and admitted or paroled. The VAWA self-petitioner will not need to show that his or her undocumented entry into the United States had a substantial connection to the domestic violence, battery or extreme cruelty which formed the basis of the self-petition. Because of the complexity of VAWA such as provisions for divorce, death of the abuser, loss of legal status on the part of the abuser and time limitations for filing, the assistance of an attorney familiar with VAWA is invaluable. THE U-VISA PROGRAM The U visa offers temporary protection to victims of crimes who step forward to assist law enforcement investigate and prosecute cases of domestic violence, sexual assault, human trafficking and other crimes. The U non-immigrant status is set aside for victims of crimes who have suffered mental or physical abuse because of the crime and who are willing to assist law enforcement and government officials in the investigation of the criminal activity. Since October 17, 2007 regulations have allowed for adjudication of the U non-immigrant petition for a temporary visa to remain in the United States. The U visa holder and his or her qualifying family members who have never held U non-immigrant status are also eligible to apply for lawful permanent residence (Green Card) after meeting certain requirements. To apply for a green card as a U-1 nonimmigrant (principal), you must meet the following conditions: [ ] You have been physically present in the United States for a continuous period of at least 3 years since the first date of admission as a U-1 non-immigrant. [ ] You have not unreasonably refused to provide assistance in the criminal investigation or prosecution. [ ] You are admissible to the United States [ ] You establish your presence in the United States is justified on humanitarian grounds, to ensure family unity or is in the public interest. THE T-VISA PROGRAM The T non-immigrant status (also known as the T visa) was created to provide temporary immigration protection to victims of a severe form of trafficking in persons. The U. S. Government estimates that 45- 50,000 persons, mostly women and children, are trafficked into the United States annually and are trapped in modern-day slavery-like conditions such as forced prostitution. Therefore, the T visa program was created to allow victims to remain in the United States for up to three years, and to assist federal authorities in the investigation and prosecution of human trafficking cases. There is also a process for T visa holders and his or her qualifying family members to apply for permanent residence. WANGLAW is available to assist persons wishing to file for relief under the Violence Against Women Act and the U and T Visa Program Caveat /Disclaimer: U.S. immigration statutes, regulations and interpretations of these and other federal, state and local law are subject to change and timely, competent counsel from a qualified legal professional on current and applicable law to particular facts is indispensable. This website provides information of a general nature and such information cannot pertain to any specific set of facts, and the provision of information cannot create any attorney-client relationship. For any particular situation, the visitor should obtain counsel from a qualified legal professional. The publisher reserves the right to amend the contents of this website at any time and for any reason. This website is an ADVERTISEMENT. |
WANGLAW Charleston C. K. Wang, Esq. Immigration and Nationality Lawyers in Cincinnati Ohio USA serving the World Charleston Wang Immigration Lawyer Cincinnati Ohio Charleston Wang Immigration Attorney Cincinnati Ohio The Wanglaw Building 6924 Plainfield Road Cincinnati, Ohio 45236 United States of America Phones: 513/793-7776 and 513/891-2888 Fax: 513/793-7779 email: charlestonwang@wanglaw.net Copyright 2007-2020. All Rights Reserved to Charleston C. K. Wang, Publisher WANGLAW is a registered tradename This website is an ADVERTISEMENT |
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