|Remember , remember
always that all of us ... are
-=Franklin D. Roosevelt
before the Daughters of the
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
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
Lincoln's 1864 Thanksgiving
One more Quote for those
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 same and federal, state and local law are subject to change and timely, competent
counsel from a qualified professional on current and applicable law is indispensable. The publisher reserves the right to amend the contents of this website at any
time and for any reason.
Charleston C. K. Wang, Esq.
Of Counsel: Mary Joan Reutter, 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
Copyright 2007-2011 All Rights Reserved to Charleston C. K. Wang, Publisher
WANGLAW is a registered tradename
|Charleston Wang Immigration Attorney Cincinnati Ohio USA Charleston Wang Immigration Lawyer Cincinnati Ohio USA Charleston Wang Immigration Law Nationality Law Cincinnati Ohio USA
Charleston Cheng-Kung Wang, Attorney-At-Law
Mary Joan Reutter, Of Counsel