Abused women can get green cards

May 11, 2008  --  Got something to say?
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WASHINGTON D.C. = Here’s good news for Filipino women illegally in the US who have become victims of abuses at the hands of their employers.
The U.S. Citizenship and Immigration Services (USCIS) on April 11 issued rules allowing women victims of violence to adjust their status in the US.

USCIS said it “issued the guidance to USCIS adjudicators for adjudicating /Adjustment of Status/ (Form I-485) applications filed by Violence Against Women Act (VAWA) self-petitioners who are present in the United States without having been inspected and admitted or paroled.

“The Violence Against Women Act (VAWA) allows battered immigrants to
petition for legal status in the United States without relying on
abusive U.S. citizen or legal permanent resident spouses, parents or
children to sponsor them.

“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. The purpose
of the VAWA program is to allow victims the opportunity to
“self-petition” or independently seek legal immigration status in the
U.S. Victims of domestic violence, battery and extreme cruelty whose
/Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360)/
self-petitions are approved may file /Adjustment of Status (Form I-485)/
applications directly (self-petition). Once a /Petition for Amerasian,
Widow(er), or Special Immigrant/ /(Form I-360)/ VAWA self-petition is
approved, the immigrant victim may file an /Adjustment of Status (Form
I-485)/ application to become a lawful permanent resident (green card
holder) directly.”

The guidance issued on April 11 applies to an /Adjustment of
Status (Form I-485)/ application for an approved VAWA self-petitioner
who entered the United States without having been inspected and admitted
or paroled. The April 11, 2008 USCIS guidance provides that the
/Adjustment of Status (Form I-485)/ application for an approved VAWA
self-petitioner will not be determined to be ineligible for adjustment
of status where he or she entered the United States without inspection
and admission or parole. In addition, the VAWA self-petitioner will not
need to show that his or her illegal entry into the United States had a
substantial connection to the domestic violence, battery or extreme cruelty.
The April 11, 2008 USCIS guidance allows an approved VAWA
self-petitioner whose denied /Adjustment of Status/ /(Form I-485)/
application was filed on or after January 14, 1998 to file a /Motion to
Reopen or Reconsider (Form I-290B) / if the only reason for the denial
was his or her illegal entry into the U.S. Individuals who believe they
are eligible to file, /Motions to Reopen or Reconsider/ /(Form I-290B)/
their denied /Adjustment of Status (Form I-485)/ applications will not
be charged a filing fee.

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Posted by News Team | Filed Under Immigration Corner 

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