In October, immigrant visas were current for F2A (Spouses and Children of lawful permanent residents) from ALL countries.  For the first time, in a long time, the family immigration process was equal for both family members of lawful permanent residents (Green Card holders) and family members of US citizens.  

You see, immediate relatives of US citizens can apply for a Green Card immediately.  But usually, family members of Green Card holders will have to wait (sometimes 1,2, or even 10 years) before they are eligible to apply for their own Green Card.  

So, last month everything was equal, but sadly, we are sliding back into the way things were.  Now in November, if you have a Green Card and want to help your Spouse or Child apply for their own Green Card, you must have started the process back in September (i.e. filed the I-130, Alien Relative Petition, in September to apply for a Green Card in November).    

The process can be tricky.  Make sure that you talk to a good immigration attorney.  Spiller-Reddick Immigration Law is here to help you with all of your immigration needs.  Call today for an appointment: 540-300-2991.  You can also email:  [email protected]
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An immediate relative is not always what you think it is.  For immigration purposes, an immediate relative is as follows:

Parent, Spouse, or Children (unmarried and under the age of 21) of a U.S. citizen. 

Immediate relatives are NOT the Parents, Spouses, or Children (any age) of lawful permanent residents.

Immediate relatives often find themselves in a better position when it comes to Green Card applications and possible inadmissiblity issues.  For example, it is unnecessary to check the Department of State Visa Bulletin to determine immigrant visa availability for immediate relatives; an immigrant visa is always available for immediate relatives.  And sticky situations like unauthorized employment and overstaying your visa are, by matter of practice, overlooked for relatives of U.S. citizens.  So, depending on the circumstances, it just may be better for a lawful permanent resident to wait until they become a naturalized U.S. citizen before filing for family members.

If you are a lawful permanent resident or U.S. citizen, and would like to start the family-based immigration process, contact Spiller-Reddick Immigration Law now to schedule an appointment (540-300-2991).

The Violence Against Women Act (VAWA) provides real options for immigrant victims of violence.  Whether documented or undocumented, VAWA provides a pathway to lawful permanent residence status (“green card”) and U.S. citizenship for individuals who are victims of certain serious crimes.  For example, the VAWA self-petition (USCIS Form I-360) is used predominately by undocumented women who have suffered domestic violence at the hands of their lawful permanent resident (LPR) or U.S. citizen (USC) spouse.  Sad, but true, an abusive LPR or USC spouse  will use their power and control over the filing of immigration benefits to intimidate and create fear in the hearts of the very same relatives they promised to love and cherish.  The U nonimmigrant status or “U-visa” (USCIS Form I-918) is also available for victims of domestic violence and 26 other serious crimes (ex. assault, kidnapping, blackmail, murder, etc.), if the victim reports the crime to the police and assists in the investigation of the crime.

VAWA – One Self-petitioner’s Story:

Take the story of Magda* who came the U.S. from Mexico when she was a toddler.  When Magda was 19 she married someone she knew was her soul mate, Michael.  Magda met Michael in high school.  Michael was a USC.  Soon after their marriage, Magda became pregnant and when the economy turned, Michael lost his job.  Michael began to take out his frustrations on Magda.  Magda was beaten, isolated, and psychologically abused.  Michael knew that his wife would never seek out help from the police because she was “illegal” and feared deportation most of all.  Michael knew that he had total control over his wife.  He would promise to file her “papers,” but never would and anytime Magda asked about it Michael would threaten to take their son away.  Magda soon stopped asking about her “papers.”  One day, after a very brutal night, Magda could no longer keep her fear and the pain she suffered a secret.  She visited a friend and told her about everything that she had been going through.  The friend knew that Magda was undocumented, but had no idea about the domestic abuse at home.  Luckily, the friend knew of a local organization that helped immigrant women.  Magda sought the assistance of this local organization and they told her about the VAWA Self-petition.  Magda was about to file her “papers” by-her-self, without the help, knowledge, or assistance of her abusive spouse.   In Magda’s case, she remained in the home throughout the pendency of her VAWA Self-petition and her application for permanent residence status (“green card”).  She was granted work authorization which made it possible for her to receive a better paying job and she saved money to move out.  She did all of this without her husband ever knowing.  Magda was able to retake control over her own life and her future.  This is what Congress intended when they passed the law that allowed for the creation of the VAWA self-petition.

U visa – One Applicant’s Story:

Genève‘s* story is a little different.  She was not married to the man that she lived with, but she was a victim of domestic violence all the same.  The police visited Genève’s house so many times that they knew her and her children all by their first names.  Unfortunately, Genève never agreed to press charges once the police arrived.  He was the financial backbone of the family, after all.  And although Genève called for help, she often only did so to get her boyfriend to stop hitting her.  Many times, her boyfriend was removed from the home and held for 24 hours and then released.  When he returned home he was always apologetic and promised never to touch or threaten her again.  They lived in what is called a “honeymoon” period for about two weeks until the cycle started over again.  During one of Genève’s boyfriend’s drunken stupors, he broke her nose.  When the police arrived at the home this time, the boyfriend was arrested and Genève went to the police department intending to provide her usual excuse for his actions.  Gratefully, Genève was directed to a Victim Assistance officer who just recently participated in an online training about the U-visa.  The officer surmised that Genève was in the U.S. “illegally,” but dared not ask her.  However, because of this speculation, the officer decided that she would tell Genève about the U-visa program and how it could help women of domestic violence.  The officer also directed Genève to a list of local immigrant assistance groups.  After a couple of months Genève met with a local immigrant assistance group and with the help of the group and a signed certification by the officer, she applied for the U-visa.  Similar to Magda, after Genève received her approval, and work authorization, she eventually saved up enough money to move herself out of the abusive environment.  Four years later, she received her green card.

The common thread among all of these stories is that there was an intervening entity, or guardian angel, who provided the abused women with information which allowed them step out of the fear and regain control over their lives.

The VAWA programs are a great tool to help the most vulnerable populations, but the process is often convoluted and complex.  Immigrant victims of crime are often unaware of immigration options like the VAWA Self-petition or the U-visa. 

If you, or someone you know, is or has been a victim of domestic violence or another serious crime, please contact Spiller-Reddick Immigration Law now.  You may have options that you are not even aware of.

*Name changed.