As a U.S. citizen, your “Immediate Relatives” and certain other relatives may obtain a green card. For immigration purposes, the term “Immediate Relative” means only the following people: your spouse, your unmarried son or daughter under 21 years of age, and your parents if you are 21 years of age or older.
One of the benefits of being a U.S. citizen is that you can submit a K-1 visa to allow your foreign fiancé(e) to travel to the U.S. However, to qualify for a K-1 fiancé(e) visa, you and your fiancé(e) must have met in person in the two years prior to filing the K-1 visa application. If Covid-19 has prevented you from meeting your fiancé(e) in the past two years, you may be ineligible to apply for a K-1 visa.
The sponsor can count the intending immigrant’s income in his household income if the following requirements are satisfied: (1) you have the same principal residence as the sponsor and (2) your income will continue from a lawful source even after you obtain your green card.
You cannot apply for naturalization yet. You must be a permanent resident for a certain number of years and be in “continuous residence” before you may apply for naturalization. To be eligible for naturalization, you must satisfy the following conditions.
To apply for a green card on the basis of suffering battery or extreme cruelty, you must submit evidence to show that you lived with your abusive spouse. However you do not have to be living with your abusive spouse at the time you file your VAWA green card application. You can wait until you are living separately to file your VAWA application.
If you do not have a U.S. passport or certificate of naturalization, you will have to submit Form N-565 to apply to replace your certificate of naturalization. In the meantime, if you have a copy of your original certificate, you can provide that to your new employer along with proof of filing Form N-565 or receipt notice so they know that the request for a replacement is in process.
You can still prove that you are a person of good moral character. USCIS evaluates each petition on a case-by-case basis and may consider any conduct, behavior, acts, or convictions. Whether a VAWA petitioner is a person of good moral character is a discretionary determination made by USCIS.
Normally, both you and your spouse are required to sign the application form. However, if you are in an abusive relationship, you can file the petition for your 10-year green card without your spouse’s knowledge or consent. Your spouse does not have to sign the application.
There is a risk that the U.S. Consulate will deny your application for a visitor visa. A B2 tourist visa is a nonimmigrant visa. By submitting Form I-130, you are applying for an immigrant visa. If the U.S. consulate believes that you are applying for a B2 visitor visa for the purpose of immigrating to the U.S., the consulate will deny your application for a tourist visa. Applying for a tourist visa will not affect your application for an immigrant visa.
There is no interview required for Form I-360, but there is an interview required for your Form I-485 Application to Adjust Status. At the interview, the USCIS officer will ask you questions to confirm whether you are eligible to receive a green card, but the officer usually will not ask questions about the abuse you suffered. Therefore, it is important to submit as much evidence as possible to prove you suffered abuse, including a thorough written statement.
Yes. You can file a Form I-360 VAWA petition if the marriage was terminated within two years prior to the date you filed Form I-360. You must also demonstrate a connection between the termination of the marriage and the battery or extreme cruelty you suffered.
First, you should provide sufficient information for USCIS to determine that you entered into your marriage with your spouse in good faith. Next, you must describe the battery or extreme cruelty you suffered. Finally, you should describe how you are a person of good moral character.
You can apply for VAWA while living outside of the U.S. if you are able to prove that you were subjected to battery or extreme cruelty in the U.S.
In your situation, if you file Form I-130 for your child before his 21st birthday, his age will be “frozen.” Even if he turns 21 during the application process, his case will still be categorized as a child under 21. You still have to wait for USCIS to process his application, but he will not have to endure a long visa backlog.
If your immigration application is missing important information or documents, USCIS will not immediately deny your application. Instead, USCIS will first mail you a Request for Evidence (RFE). The purpose of the RFE is to notify you of the defect in your application and give you an opportunity to correct the problem. If you timely respond to the RFE and provide all the information or documents that USCIS requests, USCIS will continue to process your application. If you do not, then USCIS can deny your application.
If you can satisfy the English and civics requirements for naturalization with reasonable accommodations, then yes, you still have to take both tests. USCIS will make every effort to make reasonable accommodations for applicants with disabilities.