Question: Is it possible for someone to apply for the green card if she was married to a United States citizen or Legal Permanent Resident if the spouse has died?
Answer: Possibly. This can be done through Form I-360. The widow/widower must have been married for at least two years prior to the spouse’s death. Further, they must show that the application is being filed within two years of the spouse’s death and that they were living together.
Q: What if the United States citizen spouse dies before two years of marriage?
A: The answer to this question depends on where the person resides. In the Ninth Circuit (California follows the laws of Ninth Circuit), if the United States citizen spouse dies after filing the spousal immediate relative (Form I-130) and after the person has filed for the green card (Form I-485), but before there is a final decision on the spousal immediate relative, the spousal immediate relative can still be approved. Freeman v. Gonzales, 444 F.3d 1031 (9th Cir. 2006). It must be shown that the marriage was a bona fide marriage, one not entered into for gaining immigration benefits. But, if the green card application was not filed before the spouse died, then the spousal immediate relative will be denied.
Q: Is it possible for someone to apply for the green card if she was married to a United States citizen or Legal Permanent Resident if the spouse is still alive, but has been abusive and is refusing to help with immigration paperwork?
A: Yes. This can be done through Form I-360. You will have to send in documentations and affidavits to prove that you were abused by the United States citizen/Legal Permanent Resident spouse.
Q: Does the abuse have to be physical?
A: No. The abuse can be physical, mental and/or emotional. You must be able to prove this. A letter from a psychologist, psychiatrist, or therapist would be extremely helpful.
Q: Can the widow or abused individual marry someone else while the I-360 is pending?
A: No, the individual cannot marry until the Legal Permanent Residence status has been granted.

Monica Ganjoo has been serving the Filipino community for over ten years. She practices solely immigration law, and has extensive experience in asylum and deportation/removal defense, BIA appeals, 9th Circuit appeals, work visas and PERM applications (previously known as labor certification), adjustment of status, family based visas, consular processing, change of status, citizenships, etc. For a complete list, please visit www.ganjoolaw.com. We offer various payment plans for your convenience and have very reasonable rates. For more information, call Attorney Monica Ganjoo for a consultation.

Monica Ganjoo currently offers a personal consultation for only $25 (telephone consultations also available for $50). If you retain our services, the consultation fee will be refunded back to you. The Staff of Ganjoo Law Offices speak a total of six different languages. For a consultation with Monica Ganjoo, call one of her offices below:

870 Market Street, Suite 340
San Francisco, CA 94102
(415) 495-3710

111 W. Saint John Street, Suite 513
San Jose, CA 95113
(408) 975-0500

Question: What is VAWA Cancellation of Removal?
Answer: VAWA Cancellation of Removal provides a deportation defense to domestic violence victims who are in removal proceedings in immigration court. These individuals are in front of an immigration judge, and the Government is trying to remove them from the United States. While it is not a new defense, many individuals, including attorneys, do not know much about it.
Q: What eligibility do you have to show in order to apply for VAWA Cancellation in immigration court?
A: You must show the following six items: 1) Battery or extreme cruelty by a United States citizen or Legal Permanent Resident (green card holder) or battery to your child if that child is also the child of a United States citizen or Legal Permanent Resident; 2) Physical presence in the United States for three or more years before the VAWA application and notice to appear for removal proceedings (if it can be shown that any absence was connected to the violence experienced, this is not a bar to filing for VAWA); 3) Good moral character while in the United States (there are exceptions for acts or convictions that are tied to the violence suffered by the applicant); 4) Not otherwise inadmissible or deportable under the immigration law; 5) No convictions of aggravated felonies; AND 6) Evidence that removal would result in extreme hardship to the applicant, the child of the applicant, or the parent of the applicant.
Q: Who can apply for the VAWA Cancellation?
A: The following individuals are eligible to apply: 1) Former spouse or child of United States citizen or Legal Permanent Resident, regardless of when death, divorce, or termination of parent-child relationship occurred; 2) Former or current spouse or child of someone who was formerly a United States citizen or Legal Permanent Resident, but has lost that status for any reason; or 3) Individual with child in common with former United States citizen or Lawful Permanent Resident, where the child in common was abused by the United States citizen or Lawful Permanent Resident.
Q: What is the difference between VAWA Cancellation and VAWA I-360?
A: There are several differences. The main difference is that you can apply for VAWA Cancellation only if you are in removal proceedings (in front of an immigration judge). Unlike the I-360, where the decision is to be decided by the Citizenship and Immigration Services, the VAWA Cancellation is to be decided by the immigration judge. VAWA Cancellation can be applied for people that do not qualify for the I-360. The following individuals can apply for VAWA Cancellation, even though they are not qualified to apply for the VAWA I-360: 1) Abused spouse who was divorced for over two years from the abuser; 2) Abused spouse of Legal Permanent Resident who has died or any abused children of a United States Citizen or Legal Permanent Resident parent who has died; 3) Parent of an abused child who was never married to the child’s abusive United States citizen or Legal Permanent Resident parent; 4) Abused stepchild whose immigrant parent has been divorced from the abusive parent for over two years; 5) Abused spouse or child whose citizen parent gave up citizenship or lost Legal Permanent Resident status for over two years; 6) Victims of incest or child abuse who were abused while they were under 21, but failed to file I-360 and who are now over 21; 7) Victims of child abuse who cannot establish that they have resided with the abuser.
Q: What do I have to provide to the immigration court?
A: You must show that you had a relationship with the abuser by providing evidence such as marriage and/or birth certificates, depending on the relationship you had with the abuser. You must provide evidence to prove that you were continuously present in the United States for a period of three years prior to filing your applicant. You must prove that during your stay in the United States, you were subject to extreme cruelty or abuse by the United States citizen or Legal Permanent Resident. You must prove that you are a person of good moral character and that you or your abused child or your parent will suffer from extreme hardship if you are deported from the United States.
Q: What is the most difficult part of the VAWA Cancellation?
A: The most difficult evidence to show in court is that extreme hardship will exist if the applicant is forced to be removed from the United States. The following items can be shown as evidence: 1) The need for access to the United States court system, such as criminal justice system and family courts in order to support child support, maintenance, and custody agreements; 2) The need for medical services not readily available in the country that applicant is to be deported to; 3) The laws or customs in the country that the applicant is to be deported to that would penalize the applicant or his/her children for being domestic violence victims; 4) The abuser’s ability to follow the applicant to the country that he/she is to be deported to; 5) The chance that the abusers family or friends could victimize the applicant or his/her children in the country that the applicant is to be deported to.
Q: What do you do if you are not in removal proceedings (in front of an immigration judge) but you want to apply for VAWA Cancellation?
A: You can turn yourself in to the United States Immigration and Customs Enforcement (ICE) and request to be placed in deportation/removal proceedings. Do NOT take this step without consulting with an immigration attorney. Once you are placed in deportation/removal proceedings, you will then be required to appear in court. At this point, you can apply for the VAWA Cancellation, along with supporting evidence, in order to prove your case. You will then have a hearing. The immigration judge with then decide whether or not to grant you this relief. If granted, you will obtain your Legal Permanent Resident (green card) status. If denied, and you do not have other avenues to becoming legal, then you will receive a removal order.

Question: What is the Visa Bulletin?
Answer: The Visa Bulletin provides us the priority dates for Family Petitions. For example, if you are a United States citizen and you have filed for a green card for your brother, it usually takes 23 years (11 for other countries; 23 for Filipinos) for your brother to be able to come to the United States with a green card. The Visa Bulletin shows you what date the Citizenship and Immigration Service (formerly known as Immigration and Naturalization Service) is working on. If you filed on April 10, 1993, you have to look at the 4th category of the Visa Bulletin for Philippines, and you will see that CIS is currently working on January 8, 1989. There is a four year difference between these numbers, which means that the estimated time that your brother will be able to come to the United States with a green card through your petition is more or less five years.
Q: What is the First preference category?
A: The First preference category applies to children over the age of 21 of United States citizens. These children must be single. For Filipinos, the priority date for the month of April is June 22, 1997.
Q: What is the Second (A) preference category?
A: This category belongs to spouses and unmarried, single children under the age of 21 of Legal Permanent Residents. For Filipinos, the priority date for the month of April is October 8, 2009.
Q: What is the Second (B) preference category?
A: This category belongs to children of Legal Permanent Residents that are over 21, but are still single. For Filipinos, the priority date for the month of April is December 8, 2001.
Q: What is the Third preference category?
A: This category belongs to married children of United States citizens. If a child of a United States citizen is under 21 but is married, they will fall under this category. For Filipinos, the priority date for the month of April is July 22, 1992.
Q: What is the Fourth preference category?
A: This category belongs to brothers and sisters of United States citizens. These beneficiaries will be able to bring their spouses and all unmarried children under the age of 21 with them. For Filipinos, the priority date for the month of April is January 8, 1989.
Q: What if I am a Legal Permanent Resident, and I filed a family petition for my daughter two years ago when she was 23, and she just got married?
A: When you filed for your daughter, you filed for her under the Second (B) preference category. If you are still a Legal Permanent Resident at the time your daughter got married, your petition for her will be cancelled. However, if you became a United States citizen before your daughter got married, then your petition for her is still valid, but the preference category will be changed from Second (B) to Third.
Q: What if I filed for my son under the Second (B) category, and then I became a United States citizen? Is it true that it will take my son five years longer to come to the United States only because I became a United States citizen?
A: In the past, this was true. However, under Section 6 of the Child Status Protection Act, you can choose to keep your old priority date. You will have to send a letter to the National Visa Center as well as one to the United States Embassy in Manila stating that you wish to keep your old priority dates. Please take note that both petitioner and beneficiary will have to write these letters and the letters must be notarized.
Q: What if I am a United States citizen and I filed for my sister when she was single, and now she is married?
A: Your sister will be able to come to the United States with her husband, and any child that they will have (as long as the child is single and is under the age of 21 at the time of emigration).
Q: Can I file for my parents if I am a Legal Permanent Resident? What about my siblings?
A: No. If you are a Legal Permanent Resident, you may only apply for spouses and single children. You may not apply for your parents, married children, or siblings.
Q: What is the priority date for a United States citizen filing for parents?
A: There is no priority date for spouses, parents, and single children under the age of 21 of United States citizens. This means that it should take less than a year for these individuals to immigrate to the United States (some cases take longer for various issues).

Monica Ganjoo has been actively serving the Filipino community for over ten years. She practices solely immigration law, and has extensive experience in asylum and deportation/removal defense, BIA appeals, 9th Circuit appeals, work visas and PERM applications (previously known as labor certification), adjustment of status, family based visas, consular processing, change of status, citizenships, etc. For a complete list, please visit www.ganjoolaw.com. We offer various payment plans for your convenience and have very reasonable rates. For more information, call Attorney Monica Ganjoo for a consultation.

Monica Ganjoo currently offers a personal consultation for only $25 (telephone consultations also available for $50). If you retain our services, the consultation fee will be refunded back to you. The Staff of Ganjoo Law Offices speak a total of six different languages. For a consultation with Monica Ganjoo, call one of her offices below:

870 Market Street, Suite 340
San Francisco, CA 94102
(415) 495-3710

111 W. Saint John Street, Suite 513
San Jose, CA 95113
(408) 975-0500

Question: Has a new amnesty been granted?
Answer: No. This new law is nothing even close to a new amnesty.
Question: Is this a new law for people that are already in removal proceedings? Can proceedings be terminated?
Answer: Yes. On August 18, 2011, President Obama and the Department of Homeland Security (DHS) announced the establishment of a joint DHS/DOJ (Department of Homeland Security/Department of Justice). This new group’s mission will be to focus on the highest immigration enforcement priority: national security, public safety, border security, as well as the integrity of the United States’ immigration system. This group will be taking low priority cases out of the system, and will focus on cases that post a threat to public safety. If you are in removal proceedings, then this applies to you.
Question: How many cases will this group review?
Answer: There are about 300,000 cases that are currently pending before the immigration courts, the Board of Immigration Appeals, and the federal courts of appeals.
Question: What is a low priority case?
Answer: There are numerous factors that DHS will look at when deciding whether or not a case is low priority or not. Some of these factors include: veterans, long time permanent residents, the elderly, minors, people who have been residing in the Unites States since childhood, people with serious disabilities or health issues, women who are Nursing, women who are pregnant, victims of domestic violence or other serious crimes. However, please note that DHS will decide each cases individually, meaning a case-by case basis.
Question: What if DHS finds that my case is low priority? What will happen to my
case?
Answer: If DHS finds that your case is a low priority case, then your removal case will be “administratively closed”. This is different from your case being “terminated”. Administrative closure means that DHS will temporarily remove a case from the immigration court’s calendar. Thus, you will not have a hearing date coming up. You will still remain in removal proceedings, and either you or DHS can request that the case be placed back on the court’s calendar again at any time. Termination means that you would no longer be in removal proceedings.
Question: Will I have a work permit (work authorization permit) if my case has been administratively closed?
Answer: DHS has stated that if your case has been administratively closed, then you would be permitted to apply for a work permit with the Citizenship and Immigration Service (CIS). However, guidance has not been provided yet as to what factors CIS would look at in reaching a decision as to whether or not to grant a work permit. Please note that CIS is a different department and they are in control of issuing work permits.
Question: If I have a criminal conviction, does that mean that I shouldn’t even try to get my case administratively closed?
Answer: No, you should consider trying to get DHS to close your removal case (having said this, remember that this is a case-by-case basis, and I will be able to answer this question if I know of your individual case and the facts that pertain to you). Remember, DHS will review a case on a case-by-case basis. They will consider a
case based on the totality of the circumstances presented in each individual case.
Question: What do I need to do now?
Answer: You need to talk to your immigration attorney and discuss the possibility of filing evidence to DHS to try to get them to administratively close your case (again, each case is different, and I can better answer this question if I know the facts of your case).

Monica Ganjoo has been serving the Filipino community for over ten years. She practices solely immigration law, and has extensive experience in asylum and deportation/removal defense, BIA appeals, 9th Circuit appeals, work visas and PERM applications (previously known as labor certification), adjustment of status, family based visas, consular processing, change of status, citizenships, etc. For a complete list, please visit www.ganjoolaw.com. We offer various payment plans for your convenience and have very reasonable rates. For more information, call Attorney Monica Ganjoo for a consultation.

Monica Ganjoo currently offers a personal consultation for only $25 (telephone consultations also available for $50). If you retain our services, the consultation fee will be refunded back to you. The Staff of Ganjoo Law Offices speak a total of six different languages. For a consultation with Monica Ganjoo, call one of her offices below:

870 Market Street, Suite 340
San Francisco, CA 94102
(415) 495-3710

111 W. Saint John Street, Suite 513
San Jose, CA 95113
(408) 975-0500

Question: What is VAWA Cancellation of Removal?
Answer: VAWA Cancellation of Removal provides a deportation defense to domestic violence victims who are in removal proceedings in immigration court. These individuals are in front of an immigration judge, and the Government is trying to remove them from the United States. While it is not a new defense, many individuals, including attorneys, do not know much about it.
Q: What eligibility do you have to show in order to apply for VAWA Cancellation in immigration court?
A: You must show the following six items: 1) Battery or extreme cruelty by a United States citizen or Legal Permanent Resident (green card holder) or battery to your child if that child is also the child of a United States citizen or Legal Permanent Resident; 2) Physical presence in the United States for three or more years before the VAWA application and notice to appear for removal proceedings (if it can be shown that any absence was connected to the violence experienced, this is not a bar to filing for VAWA); 3) Good moral character while in the United States (there are exceptions for acts or convictions that are tied to the violence suffered by the applicant); 4) Not otherwise inadmissible or deportable under the immigration law; 5) No convictions of aggravated felonies; AND 6) Evidence that removal would result in extreme hardship to the applicant, the child of the applicant, or the parent of the applicant.
Q: Who can apply for the VAWA Cancellation?
A: The following individuals are eligible to apply: 1) Former spouse or child of United States citizen or Legal Permanent Resident, regardless of when death, divorce, or termination of parent-child relationship occurred; 2) Former or current spouse or child of someone who was formerly a United States citizen or Legal Permanent Resident, but has lost that status for any reason; or 3) Individual with child in common with former United States citizen or Lawful Permanent Resident, where the child in common was abused by the United States citizen or Lawful Permanent Resident.
Q: What is the difference between VAWA Cancellation and VAWA I-360?
A: There are several differences. The main difference is that you can apply for VAWA Cancellation only if you are in removal proceedings (in front of an immigration judge). Unlike the I-360, where the decision is to be decided by the Citizenship and Immigration Services, the VAWA Cancellation is to be decided by the immigration judge. VAWA Cancellation can be applied for people that do not qualify for the I-360. The following individuals can apply for VAWA Cancellation, even though they are not qualified to apply for the VAWA I-360: 1) Abused spouse who was divorced for over two years from the abuser; 2) Abused spouse of Legal Permanent Resident who has died or any abused children of a United States Citizen or Legal Permanent Resident parent who has died; 3) Parent of an abused child who was never married to the child’s abusive United States citizen or Legal Permanent Resident parent; 4) Abused stepchild whose immigrant parent has been divorced from the abusive parent for over two years; 5) Abused spouse or child whose citizen parent gave up citizenship or lost Legal Permanent Resident status for over two years; 6) Victims of incest or child abuse who were abused while they were under 21, but failed to file I-360 and who are now over 21; 7) Victims of child abuse who cannot establish that they have resided with the abuser.
Q: What do I have to provide to the immigration court?
A: You must show that you had a relationship with the abuser by providing evidence such as marriage and/or birth certificates, depending on the relationship you had with the abuser. You must provide evidence to prove that you were continuously present in the United States for a period of three years prior to filing your applicant. You must prove that during your stay in the United States, you were subject to extreme cruelty or abuse by the United States citizen or Legal Permanent Resident. You must prove that you are a person of good moral character and that you or your abused child or your parent will suffer from extreme hardship if you are deported from the United States.
Q: What is the most difficult part of the VAWA Cancellation?
A: The most difficult evidence to show in court is that extreme hardship will exist if the applicant is forced to be removed from the United States. The following items can be shown as evidence: 1) The need for access to the United States court system, such as criminal justice system and family courts in order to support child support, maintenance, and custody agreements; 2) The need for medical services not readily available in the country that applicant is to be deported to; 3) The laws or customs in the country that the applicant is to be deported to that would penalize the applicant or his/her children for being domestic violence victims; 4) The abuser’s ability to follow the applicant to the country that he/she is to be deported to; 5) The chance that the abusers family or friends could victimize the applicant or his/her children in the country that the applicant is to be deported to.
Q: What do you do if you are not in removal proceedings (in front of an immigration judge) but you want to apply for VAWA Cancellation?
A: You can turn yourself in to the United States Immigration and Customs Enforcement (ICE) and request to be placed in deportation/removal proceedings. Do NOT take this step without consulting with an immigration attorney. Once you are placed in deportation/removal proceedings, you will then be required to appear in court. At this point, you can apply for the VAWA Cancellation, along with supporting evidence, in order to prove your case. You will then have a hearing. The immigration judge with then decide whether or not to grant you this relief. If granted, you will obtain your Legal Permanent Resident (green card) status. If denied, and you do not have other avenues to becoming legal, then you will receive a removal order.
Monica Ganjoo has been serving the Filipino community for over ten years. She practices solely immigration law, and has extensive experience in asylum and deportation/removal defense, BIA appeals, 9th Circuit appeals, work visas and PERM applications (previously known as labor certification), adjustment of status, family based visas, consular processing, change of status, citizenships, etc. For a complete list, please visit www.ganjoolaw.com. We offer various payment plans for your convenience and have very reasonable rates. For more information, call Attorney Monica Ganjoo for a consultation.
Monica Ganjoo currently offers a personal consultation for only $25 (telephone consultations also available for $50). If you retain our services, the consultation fee will be refunded back to you. The Staff of Ganjoo Law Offices speak a total of six different languages. For a consultation with Monica Ganjoo, call one of her offices below:

870 Market Street, Suite 340
San Francisco, CA 94102
(415) 495-3710

111 W. Saint John Street, Suite 513
San Jose, CA 95113
(408) 975-0500

Question: Has a new amnesty been granted?
Answer: No. This new law is nothing even close to a new amnesty.
Q: Is this a new law for people that are already in removal proceedings? Can proceedings be terminated?
A: Yes. On August 18, 2011, President Obama and the Department of Homeland Security (DHS) announced the establishment of a joint DHS/DOJ (Department of Homeland Security/Department of Justice). This new group’s mission will be to focus on the highest immigration enforcement priority: national security, public safety, border security, as well as the integrity of the United States’ immigration system. This group will be taking low priority cases out of the system, and will focus on cases that post a threat to public safety. If you are in removal proceedings, then this applies to you.
Q: How many cases will this group review?
A: There are about 300,000 cases that are currently pending before the immigration courts, the Board of Immigration Appeals, and the federal courts of appeals.
Q: What is a low priority case?
A: There are numerous factors that DHS will look at when deciding whether or not a case is low priority or not. Some of these factors include: veterans, long time permanent residents, the elderly, minors, people who have been residing in the Unites States since childhood, people with serious disabilities or health issues, women who are Nursing, women who are pregnant, victims of domestic violence or other serious crimes. However, please note that DHS will decide each cases individually, meaning a case-by case basis.
Q: What if DHS finds that my case is low priority? What will happen to my
case?
A: If DHS finds that your case is a low priority case, then your removal case will be “administratively closed”. This is different from your case being “terminated”. Administrative closure means that DHS will temporarily remove a case from the immigration court’s calendar. Thus, you will not have a hearing date coming up. You will still remain in removal proceedings, and either you or DHS can request that the case be placed back on the court’s calendar again at any time.
Termination means that you would no longer be in removal proceedings.
Q: Will I have a work permit (work authorization permit) if my case has
been administratively closed?
A: DHS has stated that if your case has been administratively closed, then you would be permitted to apply for a work permit with the Citizenship and Immigration Service (CIS). However, guidance has not been provided yet as to what factors CIS would look at in reaching a decision as to whether or not to grant a work permit. Please note that CIS is a different department and they are in control of issuing work permits.
Q: If I have a criminal conviction, does that mean that I shouldn’t even try
to get my case administratively closed?
A: No, you should consider trying to get DHS to close your removal case (having said this, remember that this is a case-by-case basis, and I will be able to answer this question if I know of your individual case and the facts that pertain to you). Remember, DHS will review a case on a case-by-case basis. They will consider a case based on the totality of the circumstances presented in each individual case.
Q: What do I need to do now?
A: You need to talk to your immigration attorney and discuss the possibility of filing evidence to DHS to try to get them to administratively close your case (again, each case is different, and I can better answer this question if I know the facts of your case).

Monica Ganjoo has been serving the Filipino community for over ten years. She practices solely immigration law, and has extensive experience in asylum and deportation/removal defense, BIA appeals, 9th Circuit appeals, work visas and PERM applications (previously known as labor certification), adjustment of status, family based visas, consular processing, change of status, citizenships, etc. For a complete list, please visit www.ganjoolaw.com. We offer various payment plans for your convenience and have very reasonable rates. For more information, call Attorney Monica Ganjoo for a consultation.

Monica Ganjoo currently offers a personal consultation for only $25 (telephone consultations also available for $50). If you retain our services, the consultation fee will be refunded back to you. The Staff of Ganjoo Law Offices speak a total of six different languages. For a consultation with Monica Ganjoo, call one of her offices below:

870 Market Street, Suite 340
San Francisco, CA 94102
(415) 495-3710

111 W. Saint John Street, Suite 513
San Jose, CA 95113
(408) 975-0500

Question: What is this new law and when did it become law?
Answer: On October 29, 2009, President Obama signed a law that terminates the automatic revocation of a visa petition when the petitioner of the application dies. This provides relief to beneficiaries and their family member(s) who have been waiting for years for their priority date to become current, but during this long wait, the petitioner has passed away.
Q: Why did this new law pass?
A: There have been many people waiting for their visa numbers to become current, and the wait is even longer for nationals of the Philippines. There is a massive backlog with immigrants waiting years and even decades for a visa number to become available to them. For example, if a green card holder parent applies for a single child over the age of 21, it could take ten or eleven years before the priority date becomes current. Many petitioners do not survive this long waiting period. The death of the petitioner or principal beneficiary resulted in an automatic revocation of the immigrant visa petition. However, under this new law, if the beneficiary is in the United States, this new law may apply to him/her. Please note that if the beneficiary was NOT in the United States at the time of death, this new law does NOT apply to him/her, and the beneficiary should try to reinstate a family based petition for humanitarian purposes.
Q: Does this law apply to beneficiaries in the United States as well as in the Philippines?
A: Again, this law only applies to the surviving family member that was residing (and is still residing) in the United States when the petitioner passed away. Unfortunately, it doesn’t apply to individuals that were in the Philippines at the time of the petitioner’s death. The beneficiary must have been in the United States at the time of the petitioner’s death AND be still residing in the United States.
Q: What groups of people does this new law apply to?
A: There are six groups of surviving family members that this new law applies to. FIRST GROUP: allows the spouse of a United States citizen or the unmarried child of a United States citizen under the age of 21 to apply for adjustment of status even if the United States citizen petitioner has passed away while the immigrant visa petition was either in process with the immigration service or the petition has already been approved. SECOND GROUP: allows spouses and unmarried children of legal permanent residents (green card holders), unmarried children over the age of 21 of United States citizens, married children of United States citizens, brothers and sisters of United States citizens, and the derivative of children of these individuals to apply for adjustment of status even though the main petitioner has passed away. THIRD GROUP: allows the derivative beneficiaries of pending or approved employment based immigrant visa petitions to apply for adjustment of status even though the main beneficiary has passed away (for example, if owner of a care home has applied for an immigrant visa for a caregiver, but the caregiver has passes away, the spouse and children of the caregiver beneficiary will be able to apply for adjustment of status if they were in the United States when the main beneficiary passed away, and they have continued to reside in the United States). FOURTH AND FIFTH GROUPS: allows the spouse and children of asylees (individuals granted asylum status in the United States) and the beneficiaries of approved refugee/asylee relative petitions to apply for adjustment of status. SIXTH GROUP: allows the spouse and children of T and U visa holders to apply for adjustment of status even if the main beneficiary has passes away.

For more information, call Attorney Monica Ganjoo for a consultation.
Ganjoo Law Offices currently offers an in person consultation with Attorney Monica Ganjoo in San Francisco or San Jose for only $25 (phone consultations also available for $50). The Staff of Ganjoo Law Offices speak a total of six different languages. For a consultation with Monica Ganjoo, call one of her offices below:
870 Market Street, Suite 340
San Francisco, CA 94102
(415) 495-3710
111 W. St. John Street, Suite 513
San Jose, CA 95113
(408) 975-0500

Question: Are victims of crime(s) eligible for any immigration benefits?
Answer: In many cases, yes. Undocumented individuals in the United States may be afraid to report crime(s) to law enforcement officials because they fear that they will be handed over to ICE (Immigration Custom Enforcement) as soon as law enforcement will no longer need them. However, there are certain visas available to these individuals as long as they assist in the prosecution of the criminal(s).
Q: What is VAWA?
A: VAWA stands for Violence Against Women Act. If you are married to a United States citizen or Legal Permanent Resident and you are abused by him/her physically, mentally, and/or emotionally, you may be able to file for this benefit. Depending on how you entered the United States and when, you may be eligible to obtain your legal permanent residency without the help of your spouse. Children of the victim are also qualified. You may file for this benefit if you are still with the spouse, or if you are no longer with him/her. However, if you have been separated from the spouse, there is two year time limit to file for this benefit.
Q: What is the U Visa?
A: The U Visas is filed on Form I-918. There is a fee that the DHS (Department of Homeland Security – formerly known as INS) charges for this form; however, there is also a fee waiver available if the undocumented individual cannot pay the filing fee. However, there is no fee waiver available for the inadmissibility waiver. Victim must show that he/she is fully cooperating with law enforcement in regards to the criminal activity.
Q: What crimes qualify for a U Visa?
A: Rape, domestic violence, kidnapping, murder, extortion, felonious assault and false imprisonment.
Q: What documents need to be filed with the U Visa?
A: Certification is required in order to file for the U Visa. This certification can be obtained from a law enforcement agency (police department), the prosecutor’s office, or a judge. This certification must state the actual or likely significant assistance that the victim is doing in either investigation or the prosecution of the criminal. The individual signing the certification must have been involved in the event and he/she must have been the leading person on the case.
Q: What are the requirements of the U Visa applicant?
A: The applicant must show that he/she is the victim of substantial abuse, either directly or indirectly. The abuse could be physical, mental, or emotional. An example of indirect abuse would be if a child witnesses his father beating his mother. This child would also be eligible for the U Visa.
Q: What is the T Visa?
A: The T Visa offers relief to victims of severe trafficking while enhancing the capacity of law enforcement agencies to investigate and prosecute the criminal. The victim must be physically present in the United States in order to qualify for the T Visa. The victim must also prove that he/she will endure extreme hardship if he/she is removed from the United States and that he/she is reasonably assisting in the investigation and prosecution of the criminal.
Q: What constitutes “severe trafficking”?
A: Severe trafficking is defined as the recruitment, harboring, transportation, provision or obtaining of an individual for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery; OR, sex trafficking in which a commercial se act is induced by force, fraud or coercion, or in which the individual induced to perform such act has not attained the age of 18.
Q: What is required from the T Visa applicant?
A: A personal statement needs to be submitted with the application. This must be very detailed and it must include the five stages of the victim’s trafficking experience (pre-departure, travel/transit, destination, detention/deportation/criminal evidence, integration/reintegration). In addition to other things, the statement must also be very detailed in regards to dates, names, relationships, mental states, and specific occurrences of abuse.
Q: What is the S Visa?
A: The S Visa was established by the USA PATRIOT Act. This is a temporary visa and it may lead to legal permanent residency. The S-1 Visa is given to individuals who possess “critical reliable information” in regards to criminal activity, who willingly share this information and whose presence in the United States is or was at one time necessary for a successful prosecution of the criminal. The Forms are I-854 and I-539 and they may be filed by a law enforcement agency, state prosecutor, or U.S. Attorney. This person will receive a three year work permit.

For more information, call Attorney Monica Ganjoo for a consultation.
Ganjoo Law Offices currently offer a consultation with Attorney Monica Ganjoo in San Francisco or San Jose for only $25 (phone consultations also available for $50). The Staff of Ganjoo Law Offices speak a total of six different languages. For a consultation with Monica Ganjoo, call one of her offices below:
870 Market Street, Suite 340
San Francisco, CA 94102
(415) 495-3710
111 W. St. John Street, Suite 513
San Jose, CA 95113
(408) 975-0500

Question: What is the Visa Bulletin?
Answer: The Visa Bulletin provides us the priority dates for Family Petitions. For example, if you are a United States citizen and you have filed for a green card for your brother, it usually takes 23 years (11 for other countries; 23 for Filipinos) for your brother to be able to come to the United States with a green card. The Visa Bulletin shows you what date the Citizenship and Immigration Service (formerly known as Immigration and Naturalization Service) is working on. If you filed on April 10, 1993, you have to look at the 4th category of the Visa Bulletin for Philippines, and you will see that CIS is currently working on August 22, 1988. There is a five year difference between these numbers, which means that the estimated time that your brother will be able to come to the United States with a green card through your petition is more or less five years.

Q: What is the First preference category?
A: The First preference category applies to children over the age of 21 of United States citizens. These children must be single. For Filipinos, the priority date for the month of November is February 8, 1997.

Q: What is the Second (A) preference category?
A: This category belongs to spouses and unmarried, single children under the age of 21 of Legal Permanent Residents. For Filipinos, the priority date for the month of November is February 15, 2009.

Q: What is the Second (B) preference category?
A: This category belongs to children of Legal Permanent Residents that are over 21, but are still single. For Filipinos, the priority date for the month of November is July 15, 2001.

Q: What is the Third preference category?
A: This category belongs to married children of United States citizens. If a child of a United States citizen is under 21 but is married, they will fall under this category. For Filipinos, the priority date for the month of November is June 22, 1992.

Q: What is the Fourth preference category?
A: This category belongs to brothers and sisters of United States citizens. These beneficiaries will be able to bring their spouses and all unmarried children under the age of 21 with them. For Filipinos, the priority date for the month of November is August 22, 1988.

Q: What if I am a Legal Permanent Resident, and I filed a family petition for my daughter two years ago when she was 23, and she just got married?
A: When you filed for your daughter, you filed for her under the Second (B) preference category. If you are still a Legal Permanent Resident at the time your daughter got married, your petition for her will be cancelled. However, if you became a United States citizen before your daughter got married, then your petition for her is still valid, but the preference category will be changed from Second (B) to Third.

Q: What if I filed for my son under the Second (B) category, and then I became a United States citizen? Is it true that it will take my son five years longer to come to the United States only because I became a United States citizen?
A: In the past, this was true. However, under Section 6 of the Child Status Protection Act, you can choose to keep your old priority date. You will have to send a letter to the National Visa Center as well as one to the United States Embassy in Manila stating that you wish to keep your old priority dates. Please take note that both petitioner and beneficiary will have to write these letters and the letters must be notarized.

Q: What if I am a United States citizen and I filed for my sister when she was single, and now she is married?
A: Your sister will be able to come to the United States with her husband, and any child that they will have (as long as the child is single and is under the age of 21 at the time of emigration).

Q: Can I file for my parents if I am a Legal Permanent Resident? What about my siblings?
A: No. If you are a Legal Permanent Resident, you may only apply for spouses and single children. You may not apply for your parents, married children, or siblings.

Q: What is the priority date for a United States citizen filing for parents?
A: There is no priority date for spouses, parents, and single children under the age of 21 of United States citizens. This means that it should take less than a year for these individuals to immigrate to the United States (some cases take longer for various issues).
For more information, call Attorney Monica Ganjoo for a consultation.
Ganjoo Law Offices currently offer a consultation with Attorney Monica Ganjoo for only $25. The Staff of Ganjoo Law Offices speak a total of six different languages. For a $25 consultation with Monica Ganjoo, call one of her offices below:
870 Market Street, Suite 340
San Francisco, CA 94102
(415) 495-3710
111 W. Saint John Street, Suite 513
San Jose, CA 95113
(408) 975-0500

Question: What form is used for the Affidavit of Support?
Answer: If you are obtaining a green card for an individual, the form is I-864. However, if you are trying to obtain a visa for an individual (for example, a tourist or fiancée visa) you will need form I-134.
Q: Who can file the Affidavit of Support?
A: INA Section 213A(f)(1) provides the following requirements in order to be eligible as a sponsor: (1) one must be a United States citizen, national, or legal permanent resident; (2) one must be at least 18 years of age; and (3) one must be domiciled within the United States or any United States territory or possession.
Q: What does the law require in order for an individual to be admissible?
A: Under INA Section 213A(a)(1), there are four requirements: (1) the petitioner in all family-based immigrant visa petitions must submit an affidavit of support on Form I-864 or I-864EZ; (2) the definition of a sponsor excludes anyone who is not a
United States citizen, national, or lawful permanent resident (green card holder), at least 18 years of age, and domiciled in the United States or a United States territory or possession; (3) the sponsor must evidence “the means to maintain an annual income equal to at least 125 percent of the Federal poverty line”; and (4) the sponsor must agree to “provide support to maintain the sponsored alien at an annual income that is not less than 125 percent of the Federal poverty income line,” reimburse any federal or state agency that provides a means-tested benefit to the sponsored alien, agree “to submit to the jurisdiction of any Federal or State court” for enforcement of the affidavit, and inform United States Citizenship and Immigration Services (U.S. CIS) of any change of address.
Q: If a United States citizen lives abroad temporary, can he be considered to be domiciled in the United States if he is living abroad for employment purposes?
A: Yes, only if the employment is for one of the following: (1) the United States government; (2) an American institution of research recognized by the attorney general; (3) an American film or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States; (4) a subsidiary of the above film or corporation; (5) a public international organization of which the United States participates by treaty or statute; (6) the citizen is authorized to perform the ministerial or priestly functions of a religious denomination having a bond fide organization within the United States; or (7) the citizen is engaged solely as a missionary by a religious denomination or by an interdenominational mission organization having a bond fide organization within the United States.
Q: If a legal permanent resident (green card holder) lives abroad temporarily, can he be considered to be domiciled in the United States?
A: Yes, only if the legal permanent resident applies for and obtains the “preservation of residence” under INA Section 316(b) or 317. Section 316(b) refers to individuals that have been present in the United States for a minimum of one year after receiving legal permanent resident status, and who plan to stay outside of the United States for more than one year. To obtain this benefit, the individual must be working for one of the following: (1) the United States government; (2) an American institution of research organized by the attorney general; (3) an American film or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States; (4) a subsidiary of the above film or corporation, more than fifty percent of whose stock is owned by an American film or corporation; or (5) a public international organization of which the United States is a member by treaty or statute and by which the individual was not employed until after receiving his legal permanent resident status.
Q: What is the process of satisfying the income requirement?
A: First, you need to determine if the Petitioner, who is the true sponsor, can demonstrate that he has sufficient household income. If the Petitioner does not meet the income requirement, he may either provide a co-sponsor (this second sponsor must then meet the income requirement) or the sponsor may count certain assets that he, the sponsored immigrant, or other individuals that reside in his residence possess.
Q: What form is used by co-sponsors?
A: The co-sponsor will have to fill out the same form as the sponsor, which in an immigrant visa petition (green card case), would be form I-864.
Q: If the Petitioner (sponsor) is married and wishes to use the income of his spouse, what form does the spouse fill out?
A: The spouse would fill out form I-864A. Note that household members of the sponsor would also fill out form I-864A.
Q: Which immigrant visa categories (green card categories) do not need to have an Affidavit of Support?
A: (1) Applicants under the Cuban Adjustment Act; (2) Persons adjusting based on being granted cancellation of removal or suspension of deportation (are in deportation proceedings); (3) Applicants under the Nicaraguan Adjustment and Central American Relief Act; (4) Registry applicants; (5) Applicants under the Haitian Refugee Immigration Fairness Act; (6) Persons granted asylum or refugee status; (7) Special immigrant juveniles; (8) diversity visa lottery applicants; (9) widows and widowers applying for immigrant status based on prior marriage to a United States citizen (will need to file form I-864W though); and (10) battered spouses and children filing self-petitions based on a relationship to a United States citizen or legal permanent resident spouse or parent who was responsible for the battery or extreme cruelty (will need to file form I-864W though).
Q: During what period of the application process does an individual need to file the Affidavit of Support?
A: Under 8 CFR Section 213a.2(a)(1)(ii), this form needs to be filed at the time an intending immigrant is applying for an immigrant visa or adjustment of status. If the individual is applying for an immigrant visa at a United States Embassy, then the form needs to be filed with the National Visa Center prior to the interview at the Embassy. However, if filing for Adjustment of Status in the United States, the form needs to be filed with the I-485 package.
Q: Is the Affidavit of Support enforceable by the United States government?
A: Yes. The Affidavit of Support is a contract between the sponsor and the federal government. Under 8 CFR Section 213a.4(a), the sponsored beneficiary, or any federal, state, or local government agency or private entity that provides the beneficiary a benefit, can bring a civil action law suit against the sponsor. The request for reimbursement must include the following: (1) the date the Affidavit of Support was filed; (2) the sponsored immigrant’s name, alien registration number, address, and date of birth; (3) the type of means-tested public benefit the sponsored immigrant received; (4) the dates the immigrant received the benefit; and (5) the total amount of benefits received.

For more information, call Attorney Monica Ganjoo for a consultation.

Ganjoo Law Offices currently offer a consultation with Attorney Monica Ganjoo in San Francisco and San Jose. The Staff of Ganjoo Law Offices speak a total of six different languages. For a consultation with Monica Ganjoo, call one of her offices below:

San Francisco Office:
870 Market Street, Suite 340
San Francisco, CA 94102
(415) 495-3710

San Jose Office:
111 W. St. John Street, Suite 513
San Jose, CA 95113
(408) 975-0500