Are you looking to obtain your green card but unsure of where to start? Look no further! In this blog post, we will discuss five different pathways to obtaining your green card – VAWA, U Visa, T Visa, Asylum and Marriage. Whether you are a victim of domestic violence, human trafficking, persecution or are in a loving marriage with a US citizen – there is a pathway for you. Keep reading to learn more about these five ways to secure your green card and begin the next chapter of your life in the United States.
VAWA (Violence Against Women Act) Green Card: Explaining the Purpose
VAWA (Violence Against Women Act) Green Card is a special form of green card that provides protection and permanent residency to individuals who have been victims of domestic violence, either by their U.S. citizen or permanent resident spouse. This program was created in 1994 as a part of the Violence Against Women Act to provide immigrant victims of domestic violence with an opportunity to escape their abusive situation and obtain legal status in the United States.
The purpose of the VAWA Green Card is to protect immigrant women (and men) from being forced into staying in an abusive relationship due to fear of deportation. It also aims to provide them with a pathway towards self-sufficiency and independence, without having to rely on their abuser for immigration status.
In addition, it recognizes the unique challenges faced by immigrant victims of domestic violence, such as language barriers, lack of knowledge about their rights, and cultural differences.
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U Visa: Understanding the Benefits and Requirements for Survivors of Crime
The U visa is a special type of nonimmigrant visa that provides temporary legal status to individuals who have been victims of certain crimes while in the United States. This visa was created as part of the Victims of Trafficking and Violence Protection Act (VAWA) in 2000, with the intention of encouraging survivors to come forward and cooperate with law enforcement.
Eligibility for a U visa is based on three main criteria: being a victim of qualifying criminal activity, having suffered substantial physical or mental abuse as a result, and being helpful or likely to be helpful in the investigation or prosecution of the crime. Qualifying criminal activities include domestic violence, sexual assault, human trafficking, kidnapping, false imprisonment, and other serious crimes.
One key benefit of obtaining a U visa is that it allows survivors to legally live and work in the United States for up to four years. After three years on this visa, they may apply for lawful permanent residence (green card). Additionally, immediate family members may also be eligible for derivative visas under certain circumstances.
To apply for a U visa, there are several steps involved. First, an individual must submit Form I-918 along with supporting documentation such as police reports or court records proving their victimization. They must also obtain certification from law enforcement stating that they were helpful or are likely to be helpful in the investigation or prosecution of the crime. This certification is crucial and can be obtained from federal agencies like Homeland Security Investigations (HSI) or local law enforcement offices.
Navigating the Adjustment of Status Process: a step by step guide
T Visa: How Human Trafficking Survivors Can Obtain a Green Card
To be eligible for a T visa, an individual must meet certain criteria established by the U.S. Citizenship and Immigration Services (USCIS). These include being a victim of severe forms of trafficking, being physically present in the United States on account of trafficking, and demonstrating that they would suffer extreme hardship if forced to return to their home country.
The first step in obtaining a T visa is to file Form I-914 with USCIS. This form serves as an application for both the T visa and work authorization. Along with the form, applicants must also submit evidence supporting their eligibility, such as police reports or statements from law enforcement officials.
Once the initial application is approved, applicants are granted temporary immigration status for up to four years. During this time, they may work legally in the United States and may also petition for derivative visas for their spouse and children under 21 years old.
After three years of continuous presence in the United States on a T visa, survivors are eligible to apply for lawful permanent resident status or a green card through Form I-485. They must demonstrate that they have complied with any reasonable requests from law enforcement agencies regarding investigating or prosecuting human trafficking cases.
Asylum: What is it and How to Apply for a Green Card Through Asylum?
To apply for asylum, an individual must first establish that they meet the definition of a refugee as defined by the Immigration and Nationality Act (INA). This means that the person must have suffered past persecution or have a well-founded fear of future persecution if they were to return to their home country.
The application process for asylum can be complex and time-consuming, so it is important to seek assistance from an experienced immigration attorney. The first step is filing Form I-589, Application for Asylum and for Withholding of Removal with the U.S. Citizenship and Immigration Services (USCIS). The application must be filed within one year of arriving in the United States unless there are exceptional circumstances that prevented the individual from filing earlier.
After submitting the application, the applicant will then be scheduled for an interview with an asylum officer. During this interview, they will have the opportunity to present evidence and explain why they fear returning to their home country. It is crucial to provide detailed and credible testimony supported by any relevant documents or evidence.
If granted asylum, an individual may live and work in the United States indefinitely. They may also apply for certain benefits such as a Social Security card and a driver’s license. After one year of being granted asylum, they may also apply for lawful permanent resident status (also known as a green card).
The process of becoming a citizen in the U.S.
Marriage-Based Green Card: Step-by-Step Process and Important
Obtaining a green card through marriage is one of the most common ways for foreign nationals to become permanent residents in the United States. This process is known as the Marriage-Based Green Card and it allows U.S. citizens and lawful permanent residents (green card holders) to sponsor their foreign spouse for a green card.
Step 1: Determine Eligibility
To be eligible for a Marriage-Based Green Card, you must meet certain criteria set by the U.S. Citizenship and Immigration Services (USCIS). The first step is to ensure that you are legally married to a U.S. citizen or green card holder. You must also be able to prove that your marriage is legitimate and not solely for immigration purposes.
Step 2: Filing the Petition
The next step in this process is for the U.S. citizen or green card holder spouse to file Form I-130, Petition for Alien Relative, on behalf of their foreign spouse with USCIS. This form establishes the relationship between the petitioner and beneficiary (foreign spouse).
Step 3: Gathering Supporting Documents
Along with Form I-130, you will need to submit supporting documents such as proof of your legal marriage, birth certificates, passport copies, etc. These documents are crucial in proving your eligibility and establishing your relationship.
Step 4: Adjustment of Status or Consular Processing
If your foreign spouse is already in the United States on a valid visa, they can apply for an Adjustment of Status by filing Form I-485 with USCIS. This will allow them to obtain their green card without having to leave the country.
However, if your foreign spouse is currently residing outside of the United States, they will have to go through consular processing at their nearest U.S. embassy or consulate abroad after Form I-130 has been approved.
Step 5: Attend Biometrics Appointment and Interview
Once all forms and supporting documents have been submitted and reviewed, you and your spouse will be required to attend a biometrics appointment where fingerprints, photographs, and signatures will be taken. After this, an interview will be scheduled with a USCIS officer to determine the legitimacy of the marriage.
Step 6: Receive Decision on Application
After the interview, USCIS will make a decision on your application. If approved, your foreign spouse will receive their green card within a few weeks or months depending on whether they applied through adjustment of status or consular processing.
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