TO OBTAIN STATUS & OTHER RELIEF
U.S. citizens can file an immigrant
visa petition for their: spouse, son or daughter, parent or sister.
U.S. Lawful Permanent Residents can
file an immigrant visa petition for their: spouse or unmarried son or daughter.
A foreign citizen seeking to live
permanently in the United States requires an immigrant visa (IV). To be
eligible to apply for an IV, a foreign citizen must be sponsored by an
immediate relative who is at least 21 years of age and is either a U.S. citizen
or U.S. Lawful Permanent Resident.
There are two types of family-based
immigrant visas: Immediate Relative – these visas are based on a close
family relationship with a U.S. citizen, such as a spouse, child or parent. Family
Preference – these visas are for specific, more distant, family
relationships with a U.S. citizen and some specified relationships with a
Lawful Permanent Resident. The number of immigrants in these categories is
limited each year.
Spouse - If you are a U.S. citizen
you have two ways to bring your foreign spouse to the United States to live.
- If you are a U.S. citizen, you may bring your fiancé(e) to the United States
to marry and live here, with a nonimmigrant visa for a fiancé(e) (K-1). To
qualify for this, you must marry within 90 days of your fiancé(e)’s admission
to the United States. There are several requirements in this category such as
having met in person prior to filing the application.
DACA - You may qualify for DACA if
Battered Spouse, Children & Parents
- Were under the age of 31 as of June 15, 2012;
- Came to the United
States before reaching your 16th birthday;
- Have continuously resided in the
United States since June 15, 2007, up to the present time;
- Were physically
present in the United States on June 15, 2012, and at the time of making your
request for consideration of deferred action with USCIS;
- Had no lawful
status on June 15, 2012;
- Are currently in school, have graduated or
obtained a certificate of completion from high school, have obtained a general
education development (GED) certificate, or are an honorably discharged veteran
of the Coast Guard or Armed Forces of the United States; and
- Have not been convicted
of a felony, significant misdemeanor,or three or more other misdemeanors, and
do not otherwise pose a threat to national security or public safety.
- A battered spouse, child or parent,
may file an immigrant visa petition under the Immigration and Nationality Act
(INA), as amended by the Violence Against Women Act (VAWA). The VAWA provisions
in the INA allow certain spouses, children, and parents of U.S. citizens and
certain spouses and children of permanent residents to file a petition for
themselves, without the abuser's knowledge. This allows victims to seek both
safety and independence from their abuser..
Refugees and Asylum - Refugee status or asylum may be granted to people who
have been persecuted or fear they will be persecuted on account of race,
religion, nationality, and/or membership in a particular social group or
political opinion. Refugee may be sought from outside the United States. Asylum
is sought from inside the United States or at the port of entry.
Victims of Human Trafficking - There
are two types of immigration relief provided to victims of human trafficking
and other crimes: T Nonimmigrant Status (T Visa), which provides immigration
protection to victims of trafficking. The T Visa allows victims to remain in
the United States. U Nonimmigrant Status (U Visa), provides immigration
protection to crime victims who have suffered substantial mental or physical
abuse as a result of the crime. The U visa allows victims to remain in the
United States. Under both categories, the victim is required to assist law
enforcement authorities in the investigation or prosecution of the criminal