A battered spouse of U. S. citizen or lawful permanent resident may self-petition under the Violence against Women Act and file an adjustment of status upon approval of the I-360 petition if the visa is currently available. If the spouse of the self petitioner is a lawful permanent resident she will have to wait until the I-360 petition is approved and the priority date for the second preference is current. Although the law is labeled violence against women act, a male spouse may avail of the benefit of the act.
Question: What documents are needed to prove battery or extreme cruelty?
Answer: Evidence of abuse from police, judges or other court officials, medical records, reports from doctors and psychologist, affidavits from clergy, neighbors, friends or relatives, protective orders from court and other documents showing pattern of abuse.
Question: When can a self petitioner file an application for work authorization?
Answer: A self petitioner is eligible for employment authorization upon approval of the self petition and filing of adjustment of status.
Question: What are the advantages of adjustment of status under VAWA compared to the regular adjustment of status?
Answer: VAWA adjustment of status has the following advantages:
1. VAWA self petitioner need not have been inspected or admitted into the U.S. This means that “Entered without Inspection” or “present without authorization” are eligible under VAWA.
2. Having worked without authorization is not a bar to adjustment.
3. Having overstayed a nonimmigrant visa or having violated the terms of nonimmigrant visa is not a bar to adjustment.
4. Having been admitted as a nonimmigrant under “D” [crewmember], “C” [alien in transit without a visa], or “S” [government witness] does not disqualify self petitioner from adjustment of status.
5. Having been admitted under Visa Waiver program is not a bar to adjustment.
6. Self petitioners do not have to pay the $1000 penalty if they adjust status under Sec. 245(i).
Note: This is not a legal advice.
Immigration News
1. On December 23, 2010, we received an approval from the Immigration Court for a waiver of misrepresentation for an alien who entered as single but actually married.
2. The death of U.S. citizen parent will not be a hindrance to apply for a waiver of misrepresentation.
3. On January 5, 2010, we received an approval in Immigration Court of an adjustment of status based on good faith marriage despite an age difference of 18 years.
4. Petitioner’s death is not a problem if the beneficiary is in the U.S. when the petitioner died and at the time of adjustment of status.
5. Abused spouse of U.S. citizen or permanent residents can self petition even if there is a problem with the entry documents such as C or D visa or entry without inspection or assumed name.
6. Individual Tax Identification Number (ITIN) can be used for filing tax returns and is required before bank accounts can be opened.
Bankruptcy News
1. Chapter 7 will eliminate all unsecured debts. If you are near retirement age, you must eliminate most of your debts.
2. Bankruptcy will stop foreclosure actions. If your trustee sale date is 10 days before, you can still file for bankruptcy.
3. If your salary is being garnished, you have a court case about debts or you are being harassed by creditors, bankruptcy can stop garnishment, court cases, harassing creditors and eliminate the debt.
4. Preserve your health, eliminate stress and live a happy life by eliminating your debts.
Crispin Caday Lozano is an active member of the State Bar of California and he specializes in immigration law. He earned his Juris Doctor at Western State University College of Law in Fullerton, California. He is also a Certified Public Accountant and a Bachelor of Business Administration Cum Laude graduate. He has offices are located in Hayward, San Jose, Fresno and Bellflower, California. You can contact him at telephone number 1-877-456-9266.
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