IMMIGRATION

• Asylum [Read More]
• Battered/Abused Spouse Petitions [Read More]
• Green Cards
• Family-Based Petitions
• Employment-Based Petitions
• Work Permits
• Travel Documents
• Deportation/Removal
• Appeals
• Diversity Lottery
• Citizenship/Naturalization
• Temporary/Non-Immigrant Visas
• B-1/B-2 Visitors for Business & Tourists
• F-1 Students
• H-1B Professional Workers
• J-1 Exchange Visitors
• K-1 Fiancees
• L-1 Executives & Managers
• O-1 Extraordinary Ability
• P-1 Athletes & Entertainers
• Q-1 Cultural Exchange
• Religious Workers
• Change of Status
• Extension of Stay

Asylum
The U.S. Government offers protection to those fleeing political, religious, or social persecution under Refugee/Asylum law.

The legal test for Asylum is as follows - the applicant must be able to prove a "well-founded fear of persecution" based on their (1) political opinion, (2) race, (3) religion, (4) nationality or (5) membership in a particular social group in their home country.

Those who apply while in their home country are Refugees. Individuals who apply while they are in the United States are Asylum applicants.

(If you have been in the U.S. for less than one year and believe you are eligible for Asylum, we may be able to help you. Examples of those who have been granted Asylum by the U.S. include the following:

• Those who have been subjected to FGM (Female Genital Mutilation)
• Those who have been the victim of severe spousal abuse/battered women
• Religious converts
• Religious minorities

Battered/Abused Spouse Petitions
Spousal abuse affects the rich and poor, educated and uneducated, as well as diverse ethnic and religious communities.

Fortunately, the immigration laws of this great country provide a mechanism of protection for non-permanent residents/non-citizens to get permanent residence if their spouse is abusing them. Under the Violence Against Women Act (VAWA), if your spouse is abusive, physically and/or mentally, you may be able to get permission to work and live in the United States and get a Green Card without your spouse's help. Furthermore, you may qualify to receive free medical care and certain governmental benefits such as food stamps.

To qualify under this program, you must meet the following requirements:

• Your spouse must be a United States citizen or must have a Green Card. If he had a Green Card but has been deported since he abused you, or if you recently divorced him because of the abuse, you may still qualify.
• Your spouse must have abused you or your child during the marriage. You or your child probably were abused if you can answer "Yes" to any of the following questions:
Does your spouse:
• Threaten to beat you or your children or terrorize you or your children?
• Hit, punch, slap, kick, push, or hurt you or your children in any way?
• Emotionally abuse you, such as insult you or your child at home or in public?
• Force you to have sex when you do not want to?
• Threaten to take your children away or hurt them?
• Threaten to deport you or turn you into U.S. Citizenship and Immigration Services?
• Control where you go, what you can do, and whom you can see?
• At some point in time you must have lived with your spouse. It does not matter whether you lived with your spouse in or out of the United States.
• You must not have gotten married just to get a Green Card, but instead, you must have gotten married in "Good Faith" (that is, because you really wanted to be married/were in love)
• You must be currently living in the United States, except under certain circumstances
• Children may also qualify if their United States citizen or lawful permanent resident parent abused them

In order to document the abuse, it is important that you try to do the following:

• Keep police, doctor, and other records of the abuse
• Keep all of your immigration documents including a copy of your abusive spouse's immigration documents
• Keep a copy of any documents that establish your residence with your spouse - such as: bank statements, leases, children's school records, etc.
• Keep a copy of any documents that establishes that you live in the United States
• Keep a copy of other important legal documents - such as: marriage license, prior divorce certificates, birth certificates, etc.
• Do not submit an immigration application on your own without first speaking with a lawyer who is experienced with these types of cases