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 1, 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 October is January 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 October is January 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 October is May 1, 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 October is June 8, 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 October is August 1, 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

By Attorney Monica Ganjoo
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 July 8, 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 September is November 1, 1996.

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 September is December 1, 2008.

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 September is March 22, 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 September is May 15, 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 September is July 8, 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: 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 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.

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

Immigrant’s Way Out By Atty. Monica Ganjoo
Question: What is the H-2B visa category?
Answer: The H-2B visa category is used by United States companies that wish to temporarily employ skilled and unskilled foreign workers in nonagricultural positions. The employer has to have a temporary need and it must show that United States workers are not available.
Q: How long is an H-2B visa valid for?
A: The initial period of stay granted by the Department of Homeland Security (previously known as the Immigration and Naturalization Service) is governed by the period of time that the employer needs the services. This period cannot extend beyond an initial period of one year. However, extensions of stay in increments of one year are possible, but the foreign worker cannot be continuously employed in the United States for more than three years.
Q: What is the first step in obtaining an H-2B visa for someone?
A: The very first step is to obtain a labor certification application. This must be obtained by the employer. The request is made to the Department of Labor. You file this request with the state employment service office with jurisdiction over the location of the proposed employment. This labor certification application can cover one foreign worker, or it can cover a number of foreign workers filling the same position who will be working at the same location.
Q: What is the second step in obtaining an H-2B visa for someone?
A: The second step comes after the labor certification application has been approved by the Department of Labor. This approval must be filed with the application that is to be sent to the Department of Homeland Security.
Q: What is the third and final step in obtaining an H-2B visa for someone?
A: Once the Department of Homeland Security approves the H-2B visa petition, the foreign worker(s) must take the approval notice to a United States Embassy/Consulate in order to apply for the H-2B visa in person. The foreign worker will need to apply for this visa in order to be granted admission to the United States.
Q: If an employer files for several foreign workers using the same approved labor certification application, do all the foreign workers have to go to the same United States Embassy/Consulate abroad to obtain their visas?
A: No, they do not. They may go to different embassies abroad.
Q: Can family members of the H-2B visa holder accompany him/her to the United States?
A: Yes, spouses and unmarried children under the age of 21 may accompany the H-2B visa holder. They will need to apply for an H-4 visa at the United States Embassy/Consulate. The family members are not allowed to work; however, they are allowed to engage in studies in the United States.
Q: How does the employer file for an extension of the foreign worker’s stay in H-2B category?
A: Any extensions must be made at the employer’s request. The employer needs to demonstrate that the initial authorization period is not enough for completion of the duties that is to be performed and must prove that the unavailability of qualified United States workers exists. The employer shows this by obtaining a new labor certification application from the Department of Labor.
Q: What are some examples of H-2B jobs?
A: Some examples are: (1) a family wanting to hire a child care attendant in order to supervise their infant child while both of the parents work and the help will be temporary; (2) an employee is going to go on maternity leave for six months and a temporary replacement is needed; (3) a ski resort needs temporary servers and chefs for busy ski season.

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 for only $25. 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: 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.
For more information, you may contact us for a consultation.
MONICA GANJOO is an immigration attorney with offices in San Francisco and San Jose.  Ganjoo Law Office currently offers $25 consultations in San Francisco and San Jose.  To obtain a consultation in San Francisco, call (415) 495-3710.  To obtain a consultation in San Jose, call (408) 975-0500.

SAN FRANCISCO:                     SAN JOSE:
870 Market Street                  111 West St. John Street,
Suite 340            Suite 513
San Francisco, CA  94102    San Jose, CA  95113
(415) 495-3710                       (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 April 8, 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 May is July 15, 1995.

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 May is June 8 2007.

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 May is March 1, 2000.

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 May is February 15, 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 May is April 8, 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: 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 April 8, 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 May is July 15, 1995.

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 May is June 8 2007.

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 May is March 1, 2000.

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 May is February 15, 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 May is April 8, 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