Difference between VAWA and U Visas: Green Card Renewals are not automatic

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Hi this isKaushik Ranchod here fromThe Ranchod Law Group with Brian. We are here for our weekly show. Today we’re going to be answering questions on immigration law that we’ve received. We are going to be talking about:

  1. VAWA the Violence Against Women Act
  2. The difference between VAWA and the U Visa
  3. Green Card Renewals are not Automatic
  4. The level and definition of physical abuse for VAWA
  5. Does VAWA apply also to male spouses?

So, What is VAWA?

VAWA applies to you if you are the spouse of a US citizen or permanent resident and you’ve been abused or you received sort of cruelty from your spouse who is a U.S. citizen or permanent resident. This can also apply if you’re a parent or a child as well: you may also qualify for some of the basic requirements I already talked about:

  • your spouse needs to be a US citizen or permanent resident.
  • You need to have lived with your spouse
  • You have to show that you had a good-faith marriage that means that your marriage was real or the relationship was real.
  • You need to demonstrate that you are a person that has good moral character.

Now the great thing about the Violence Against Women Act VAWA is that you can apply the petition along with the green card if your spouse is a US citizen. If your spouse is a green card holder then you would need to wait for the priority to become current before you file the green card application.

One of the other things that’s great about applying for VAWA is you could get work authorization

At the moment, applications for the green card-work authorization are taking about five months or longer. What we’re seeing in terms of processing times, it’s taking anywhere from 12 to 20 months for these applications to get approved. Now these are our government processing times it could take longer than that or it could decrease, but we’re seeing government times just increase across the board with all applications.

The difference between VAWA and the U Visa

The U Visa and the VAWA are similar in the respect that you can apply if you’ve been a victim of a crime. In the case of the U Visa and specifically when we’re talking about VAWA, the victim of domestic violence, there are some differences with the U Visa:

  • You need to get a police certification or you need to get a certification from a government agency.
  • With VAWA you do not need to have a police certification.
  • One of the drawbacks of the U Visa is it takes a very long time for approval because only 10,000 are available per year.
  • You don’t have that issue when you’re applying for VAWA because, for instance, if your spouse is a U.S. citizen there you’re considered in the immediate relative category where you can apply right away.

If you have questions call us 916-220-3137 or post your comments below. Today we are talking about some exciting stuff here – the U Visa and the VAWA, why is it so Amazing? Because this is a way for you to get your green card! This is a way for you to get a visa even though you may have suffered and gone through such hardship in your life, being a victim of domestic violence. That’s probably one of the worst things that you could suffer at least this is a way that we’ll be able to help you in the future to live and work in the United States. I want to go back to the U Visa and just add a little bit more to that. In our prior live show we talked about the U Visa just being available when you have a police certification but it’s also other local agencies:

  • The DA for instance, can issue a police certification.
  • Child protection services could issue a certification.

So it’s not just the police. I would like to also answer some prior questions.

Green Card Renewals are not Automatic

We got a question about green card renewal: this person got a green card and a waiver: it was a conditional green card which is valid for two years.

They need to apply to renew for the green card before that two year period

So what’s important here, is the person thought that you automatically get the green card renewal sent to you and that’s not correct – you have to file for an application, you have to actually file in the case for conditional green card renewal (i-751 application) in order to get your green card renewed, otherwise you can be put it into removal proceedings or deportation proceedings so it’s really important: you’re not gonna get a green card sent to you in the mail, you need to file an application.

Back to the list of Frequently Asked Questions

Alright and also I want to share with you the latest immigration update that’s happened. There was a memo that USCIS would be able to issue what’s called a notice to appear to show up in removal court. That has been put on hold right now, which is a victory for all of us – so that is great news. The American Immigration Lawyers Association, which I’m a part of, is fighting against that memo because it’s not fair to make USCIS have the right to be able to issue these notices to appear. That’s beyond the scope of what that organization was created for. Alright well I want to thank you all for showing up for our live show Brian did you have anything else you want to add or any question? Yes, I have more questions on VAWA, specifically:

Abuse need not be physical, however it is more difficult to prove

So that’s a great question. You can’t just say “oh I was abused by my husband or by my wife” you have to have actual documentation whether it be hospital records or medical records. It doesn’t just have to be physical abuse – it could be mental abuse, although that’s harder to prove.

Back to the list of Frequently Asked Questions

VAWA applies also to male spouses

VAWA doesn’t only apply for women (only apply to female spouses), it can can also apply to male spouses. We get that question a lot. It can also be that you’re a male victim of abuse. We do see men who have been physically abused by their wives: if you’re a man you would qualify if you’re abused by your wife.

Back to the list of Frequently Asked Questions

Well thank you everyone for tuning in – we’re gonna continue this live show. We will see you here next week at 12 o’clock and wanted to just thank you again and just remember to keep positive because there are different laws that are available to help you. If you have questions call us at 916-220-3137 and we’ll see if you qualify or not so you know whether or not you do you have some kind of relief. Thanks and have an awesome day