Eligibility to Self-Petition as a Battered or Abused Parent of a USC

Posted on January 10, 2011 by Brian D. Lerner

USCIS draft memo for comment regarding guidance on amendments to the INA that extend the ability to self-petition to battered parents of U.S. Citizens, and on work authorization for approved VAWA self-petitioners. Comments are due 1/24/11, and instructions are included.

Filed under: Battered Spouse, Immigration Attorney, Immigration Lawyer, Self-Petitioning - Battered Spouse, USCIS, VAWA | Tagged: , , , , , , | Leave a Comment »

Who is Eligible to Apply?

Posted on March 17, 2010 by Brian D. Lerner

To be eligible to file a self-petition (an application that you file for yourself for immigration benefits) you must qualify under one of the following categories: Spouse: You may self-petition if you are a battered spouse married to a U.S. citizen or lawful permanent resident. Unmarried children under the age of 21, who have not [...]

Filed under: Battered Spouse, Immigration Attorney, los angeles immigration attorney, Self-Petitioning - Battered Spouse, VAWA | Tagged: , | Leave a Comment »

What is the Basic Procedures for Battered Spouse/Children?

Posted on March 17, 2010 by Brian D. Lerner

Notice of Receipt: You should receive an acknowledgement or Notice of Receipt within a few weeks after mailing the application and fee to BCIS . Prima Facie Determination: Battered immigrants filing self-petitions who can establish a “prima facie” case are considered “qualified aliens” for the purpose of eligibility for public benefits (Section 501 of the [...]

Filed under: Battered Spouse, Immigration Attorney, los angeles immigration attorney, Prima Facie Determination, Self-Petitioning - Battered Spouse | Tagged: , | Leave a Comment »

Title: The Battered Spouse Petition

Posted on December 24, 2009 by Brian D. Lerner

Question: I loved my husband when I came to the U.S. However, he is now always threatening to call deportation all the time and he is beating me. I do not want to return to my home country, but if I leave my husband I am afraid that I will lose my chance to ever [...]

Filed under: Battered Spouse, Immigration Law, immigration provisions, Self-Petitioning - Battered Spouse, VAWA | Tagged: , | Leave a Comment »

I have been beaten by my husband. Now what?

Posted on December 15, 2009 by Brian D. Lerner

Question: I have been beaten by my husband and he never petitioned me. He was a lawful permanent resident, but was deported and now has no status. I really did love him at some point in the past. Is there something I can do? Answer: You do not have to stay in this relationship and [...]

Filed under: Battered Spouse, Immigrant Visa, Immigration Law, Self-Petitioning - Battered Spouse, USCIS | Tagged: , | Leave a Comment »

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