Edition no. 588 - 22 to the 28 of July of the 2009


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Victims of domestic violence could receive asylum
Machicao rosary

Victims of domestic violence in their countries, could request asylum in the United States, because the administration of president Barack Obama has said that it will try to revert the policy established in the government of George W. Bush concerning that subject.

The people who look for asylum will have to demonstrate a founded fear or of persecution by race, religion, nationality, political opinion or to belong to a particular social group.
The victims of domestic violence are now member of allowed groups to ask for asylum and will have to verify that they could not find protection of the institutions of his country.

The Department of Internal Security continues considering the violence domestic as a possible base to ask for this benefit. These requests are complex but this department is considering to develop regulations that solve these cases.

“I believe that it is a good way to uniform the decisions of you cut, that in some cases accepted these cases like in California and Florida and in another no, as the court of Atlanta, in which 98% of the cases were rejected”, said to Miguel Manna, lawyer of immigration of Ogletree Deakins Law Firm in Raleigh.

Violence Against Women Act (VAWA)
To part of the asylum, other two ways exist with which the victims of domestic violence can solve their legal situation in the country.

First it is the law VAWA (Violence Against Women Act) by means of which a victim of domestic violence on the part of a resident or American citizen can ask for this temporary visa.

The victim of physical or mental abuse must present/display her order from temporary visa VAWA to the office of immigration of Vermont, after to present/display all the tests that protect their order and that approve the case, they give a visa him by three years, after this time it can also ask for residence and after five years the citizenship. “The approval of this visa can take several months, according to the tests that the victim presents/displays”, she said Manna.

IT SIGHTS “OR”
This visa is not only for victims of domestic violence but for all those people who have been victims or witnesses of violent crimes like robberies, assaults, human traffic, slavery, among others.

“The person who asks for this visa must have or be collaborating with the forces of the law to arrest the criminal. It is one more a more difficult request because she requires that the agencies of the order like the police, FBI, or Immigration the aid presents/displays a letter saying that has given the person in the resolution of the case”, said the lawyer. “In the county of Mecklenburg, generally these agencies of the order have collaborated with the people who requested this visa”.

After having the visa “Or”, the beneficiaries can ask for residence and citizenship.


Doubts of the immigrant
Jordan G. Forsythe

I arrived with visa of tourist eight years ago and I remained. I married with an American citizen in December of the 2008. We made the request of my residence in March and it already arrived the permission from work and the Social Insurance to me. I have two questions: As soon as time us would have to arrive the appointment with Immigration? and Will ask what us in that appointment?

The interview for the adjustment of estatus is the opportunity to obtain its residence and is where immigration approves or denies its familiar request. The immigration official will make questions with respect to his marriage to make sure that its union is authentic (a marriage by love and not by immigration intentions). The official will wish to know how they knew themselves, his present situation and information with respect to previous marriages.

You must take you photograph where you after your marriage and declarations sworn by friendly with respect to your marriage appear together. If the official approves the request then he she will assure that the sworn declaration of economic endorsement correct east.

You must take to his more recent declaration of taxes and a letter of the employer for each of his sponsors. If the sworn declaration of economic endorsement is approved, the official will do questions to him that you already answered in the application of adjustment of estatus for the permanent residence (she forms I-485). In addition you must take to his passport and the I-94 card which test that you entered the United States with permission. In addition, if you are not completely bilingual, you must take a translator, because immigration does not allow that his spouse translates by you or vice versa. He must consider in engaging an immigration lawyer so that he will prepare to him and one appears to the interview with you to avoid delays if so. Often, there are small disadvantages that are shortages in the interview and the official can ask for additional documentation that you did not take to the interview. An immigration lawyer can predict the majority of required documents and this prevents future delays.

I obtained the residence in February of this year thanks to my resident husband who asked to me. We are thinking about divorcing to us by problems that we have like pair. This can harm estatus?

If been it has married according to less than two years, its residence is conditional by the first two years. The general rule is that you must follow married to remove the condition and to obtain the permanent residence.

If you divorce, of equal way, you must put under an application to remove the condition, but in addition she will have to put under a pardon “to waiver” to remove the condition. There are only some exceptions to apply without his husband, because if you apply without his husband, its marriage will be under scrutiny.

An immigration lawyer must consult before divorcing, so that he makes sure that he fulfills all the laws and regulations of immigration. If the official determines that its marriage was for avoiding the immigration laws, you will face very serious consequences. You can be deportee and under present law you can prevent to benefit in the future to migrate to the United States.

Forsythe & Reeves, PLLC
1701 First Baxter Crossing, Suite 202
Fort Mill, South Carolina 29708
jordan@FMRimmigration.com
Office: 803-835-1990
Fax: 803-835-1992
www.FMRimmigration.com

If extension 117 has questions of immigration for this segment llámenos to 704 568 6966, either 5936 notary publics to Monroe Road, Charlotte, NC, 28212 or to the electronic mail: editor@newsonlinefind.com

This column provides general information on the immigration law and it does not talk about individual cases. The immigration law changes frequently and would have to try to consult a lawyer to secure the most recent information. The participation in this column does not imply a relation of client with the writing desk of Forsythe & Reeves. This column is a service to the community of the News.


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