Obtaining a T-visa is not easy. The amount of paperwork, waiting times and the traumas of being a victim of trafficking make this a legally and emotionally difficult process. But at Global Immigration Law Group we can help you. Contact us and get the legal assistance you need.
Table of Contents
What is T-Status?
The T visa application is a process to obtain a visa for migrants who were brought into the country through trafficking-related crimes. This visa provides victims with a legal immigration status valid for 4 years. In addition, it opens the path to permanent residency through the adjustment of status process, among other benefits.
How long does it take for the T visa to be approved?
The waiting time for the T visa is usually 17 to 36 months. However, it is difficult to know the exact processing time, as it depends on several factors. Some of the most common causes of delay are:
- Missing documentation: If USCIS believes that the documentation submitted is insufficient or erroneous, it may request additional documents. These must be rechecked by USCIS, which delays the process.
- Lack of available visas: The U.S. Congress establishes a certain number of available T visas per fiscal year. If these are exhausted, you must wait for a visa to become available.
- USCIS workload: The USCIS workload at the time you file your application also affects processing times. The greater the number of applications filed, the longer the wait time tends to be.
- Need for supplemental applications: In some cases, you may need to file other applications in conjunction with your T-visa petition. This is the case for those who need an immigration waiver for a previous ground of inadmissibility. This involves additional processing time, which delays the rest of the T-visa process.
Delays in the T-visa process are very common. The large amount of documentation required and the delicate situation of the applicants often leads to errors that delay the application. That is why having an immigration attorney is extremely important. Talk to our professionals and avoid setbacks in your application.
How many T visas are issued per year?
As mentioned above, the U.S. Congress sets a cap on T visas for each fiscal year. This 2024, a limit of 5000 visas has been imposed. Once this quota is exhausted, you will have to wait for a visa to become available again. This is even if your application is approved. Therefore, it is important to apply as soon as possible.
Remember that the cap for each visa class changes from year to year. Therefore, it is best to consult with an attorney and check the USCIS website periodically. Do not risk your application by going through the process on your own. At Global Immigration Law Group we can help you. Tell us about your case and get personalized legal help today.
What is the success rate of a T visa application this 2024?
The likelihood of success of a T-visa application is another important factor when applying for this visa. According to USCIS data, the success rate of these applications is only 29%. The rejection rate, on the other hand, is almost 43%.
This is due to many factors, such as errors in documentation, number of visas available that year, etc. That is why having an immigration attorney can make all the difference. A professional can analyze your case and prepare it correctly. Do not put your application at risk. Contact us and get the legal help you need.
T Visa Benefits
The T visa application offers several important benefits. These include:
- Legal status in the United States for 4 years (with the possibility of renewal).
- Possibility to apply for a work permit (EAD) and work legally in the country.
- Possibility to legally travel abroad by means of a Travel Permit.
- Possibility of adjustment of status to permanent resident.
The T visa does not automatically guarantee permanent residency, but rather specific requirements and an additional process must be followed. For this reason, it is recommended to consult with an immigration attorney before proceeding. At Global Immigration Law Group we can help you. Talk to a lawyer and let’s work together on your application.
Who is eligible for the T visa?
Any T visa applicant must meet the following requirements:
- Have been a victim of a severe form of trafficking.
- Having arrived in the United States, American Samoa or the Commonwealth of the Northern Mariana Islands as a victim of trafficking.
- Demonstrate that you would suffer extreme hardship related to exceptional personal injury if you were to leave the United States.
- Be admissible to the United States, which implies not having any cause that prevents entry into the country.
- Collaborate with law enforcement agencies in the investigation or prosecution of crime.
If you have any grounds of inadmissibility, you can still explore other options such as a waiver. However, this process has its own requirements, documents and processing times. Therefore, it is best to consult with an attorney. At Global Immigration Law Group we can help you. Tell us about your case and secure your stay in the United States.
Documentation required for a T-visa application
To obtain your T visa, you must present the following documentation:
- Form I-914 (Application for T Nonimmigrant Status)
- Personal statement describing how he/she was a victim of human trafficking.
- Evidence of compliance with reasonable requests for assistance from law enforcement agencies (if applicable). May include Form I-914, Supplement B (Law Enforcement Officer’s Statement for Victims of Human Trafficking) or other evidence such as:
- Trial transcripts.
- Court documents.
- Police reports.
- Evidence demonstrating compliance with all other eligibility requirements.
- Evidence showing that you are admissible to the United States, or Form I-192 (Application for Advance Permission to Enter as a Nonimmigrant) in the case of inadmissibility.
- Payment of applicable fees (does not apply to Form I-914 or Form I-914A).
- To request a fee waiver on other forms related to your T status application, such as Form I-765, I-485, I-131, or I-192, see more information on fee waiver requests.
Remember that if you do not feel safe receiving mail from USCIS at your home, you can provide a safe address on your application. The confidentiality of your T status application is protected by law and USCIS can only share information in limited circumstances. Speak to an attorney for more details.
How is the T visa application process?
The T visa application process can be summarized in the following steps:
Step 1: Filing Form I-914
Step 2: Evidence of cooperation
Step 3: Payment or fee waiver
Step 4: Submit the application
Step 5: Secure address
Please note that, depending on your case, additional instances may arise. Therefore, it is essential to seek the help of an immigration attorney. He or she can advise you every step of the way, avoiding mistakes that could cost you your visa. Don’t put yourself at risk by dealing with the system on your own. Tell us your case and get your T visa.
What is considered a “severe form of trafficking” under federal law?
– Sex trafficking: Recruitment, transportation, or exploitation of a person for commercial sex acts, induced by force, fraud, coercion, or if the victim is under the age of 18.
– Labor trafficking: Recruitment or exploitation of labor by force, fraud, or coercion for the purpose of slavery or involuntary servitude.
What does a victim’s cooperation in human trafficking investigations depend on?
Can I include family members in my T-visa application?
How can I apply for a green card through the T visa?
What is the difference between the T visa and the U visa?
Legal assistance for T-visa procedures
As we have seen, the T visa process is not at all simple. The approval rate for this kind of visa is very low. This is because of how easy it is to make mistakes that can not only delay your application, but also ruin it completely. This is why the help of a lawyer is invaluable.
A professional can support you and accompany you every step of the way, avoiding delays and costly mistakes. Do not risk your application by dealing with the immigration system on your own. At Global Immigration Law Group we can help you. Talk to an attorney today and take the first step towards a better future in the United States.
Sources
USCIS – Victims of Human Trafficking: T Nonimmigrant T Status
USCIS – I-914, Application for T Nonimmigrant Status
Other Resources
T Visa application: process, requirements and more details
Once the T visa is approved, is it possible to travel?
How to obtain a Green Card in the United States – Updated Guide
Renewal of permanent residency in the United States: steps and documentation
What are the Green Card categories?
What is Form I-485 and how to apply for permanent residence
Permanent Residence for Victims of Violence or Crimes
Asylum Residency: Essential Information and Advice
VAWA Residency: A Complete Guide for Domestic Violence Victims
Types of crimes that qualify for the U Visa: What are they?
How to obtain legal permanent residence after obtaining a U visa?
]]>This and other visas have requirements that all beneficiaries must meet. Otherwise, you may lose your status and even enter deportation proceedings. Therefore, before traveling outside the U.S. on a T-visa, consult with an attorney. Do not risk your future. Talk to our professionals and secure your immigration status.
Table de Contents
What is the T visa?
The T visa is a special visa for migrants who were brought to the country through crimes related to human trafficking. This provides a legal immigration status valid for 4 years and allows them access to permanent residency through Form I-485.
Is it possible to travel with a T visa?
Yes, it is possible to travel with a T visa. However, you must first apply for a “Travel Document” before leaving the country. In a timely manner, you must apply for advance re-entry clearance. This will allow you to return to the country while maintaining your T status. If you do not have this document, you run the risk of losing your immigration status.
Therefore, it is best to consult with an immigration attorney before traveling. A professional can analyze your case and guide you through the process. Don’t risk your future by dealing with the immigration system on your own. Tell us about your case and let us secure your immigration status in the United States.
What is a Travel Document?
A travel document is an authorization issued by the USCIS that allows immigrants to travel abroad without losing their immigration status. This is processed through Form I-131 (Application for Travel Document). There are several types of travel documents, among them:
- Reentry Permit: For lawful permanent residents who wish to depart the U.S. for an extended period of time and return without losing their status.
- Refugee Travel Document: For refugees and asylees wishing to travel outside the U.S. and return to the country at a later date.
- Advanced Travel Permit: Includes permits for humanitarian or significant public benefit reasons, and permits for certain long-term residents of the Northern Mariana Islands.
The documentation required to obtain a travel document varies depending on your situation. For this reason, it is best to consult with an attorney. He can help you gather the necessary documents for your case. Do not risk your immigration status. At Global Immigration Law Group we can help you. Talk to a lawyer and get your travel document.
Documentation required to apply for a travel document
To apply for an advance re-entry permit and travel on a T-visa, you must submit the following documentation:
- Form I-131 (Application for Travel Document).
- Copy of an official photo ID.
- Two identical passport-style photographs taken within 30 days of submitting your application.
- Copy of any documents showing your current status in the United States (your T visa, in this case).
- Explanation or other evidence demonstrating the circumstances warranting the issuance of an advance permission document.
- Evidence that your travel is for educational, employment or humanitarian purposes (if you are a DACA beneficiary).
- Copy of a receipt from USCIS as evidence that you filed Form I-485 (if you applied for adjustment of status).
The documentation required for T-visa travel varies. This means that you may need additional documents. Therefore, it is best to consult with an attorney to make sure you have all the necessary documents. At Global Immigration Law Group we can help you. Contact us and let’s get your paperwork in order.
How to travel with a T visa?
If you wish to travel on a T visa, it is best to follow these steps:
Step 1: Obtain a physical T-visa
To travel on a T-visa, you must first have a physical visa. This is necessary to obtain the advance re-entry permit document with which you could leave and return to the country while maintaining your status. Remember that it is not enough that your application for T status is approved, you need the physical visa.
Step 2: Obtain the travel document
As mentioned above, to travel on a T-visa you must first obtain the travel document known as an advance reentry permit. To do this, you must complete Form I-131 and submit it along with the supporting documentation mentioned above. Remember to check the directions for direct filing of the form on the USCIS website.
Step 3: Maintain complete documentation
Carry a copy of all documents related to your T-visa. This includes the visa approval, your passport, travel document and any other authorization or communication from USCIS. Keep these documents in a safe and easily accessible place at all times during your trip.
Step 4: Comply with re-entry requirements
To re-enter the United States, you must meet certain requirements. These may include submitting to inspection at a designated port of entry and providing additional requested documentation. Failure to comply with these requirements would constitute illegal entry, which is a serious crime.
Step 5: Take care of your physical presence in the country (permanent residency)
If you wish to apply for permanent residence, be aware that being out of the country for an extended period of time may affect your eligibility. This is due to the continuous presence requirement for adjustment of status. Therefore, it is important to keep this in mind when planning your trip.
Traveling on a T-visa may jeopardize your immigration status. In addition, it may affect your eligibility for permanent residency. Therefore, it is best to consult with an immigration attorney before planning your trip. It can ensure that it meets all the necessary requirements and procedures. Tell us about your case and secure your status.
Do I have to pay a fee to apply for a Travel Document?
Yes, you must pay a $630 fee to apply for a travel document. This corresponds to the filing of Form I-131. These are final and non-refundable. You may pay by money order, personal check, cashier’s check, or credit/debit card.
Is there any risk if I return to the country with another type of visa?
Yes, if you return to the country with another type of visa or without authorization after obtaining T visa status you risk losing your status. Please also note that consulates may not be completely familiar with these visas. This may cause delays or misinformation. Consider this before traveling on a T-visa.
Can I apply for a work permit with my T visa?
Yes, you can apply for a work permit as a T-visa holder. To do so, you must file Form I-765 (Application for Employment Authorization) with USCIS. However, this depends on whether you are the principal applicant or an eligible family member. Consult with an immigration attorney for more precise information.
How to apply for permanent residence through the T visa?
To apply for permanent residence through the T visa you must follow the adjustment of status process. You can apply through Form I-485 after 3 years as a T status beneficiary. If you wish to begin the process before that time, you will need a certification from the U.S. Attorney General. This indicates the conclusion of the investigation or prosecution of the trafficking acts.
Conclusion
While it is possible to travel on a T-visa, this may put your status at risk. Therefore, before any trip, you should take the necessary measures. In this regard, the travel document is essential to avoid problems. However, depending on each case, there are other requirements that must be met in order to be able to leave and return to the country while maintaining your status.
Therefore, consulting with an immigration attorney is essential. This can give you the right information and guidance for traveling outside the U.S. on a T-visa . Do not risk your immigration status. At Global Immigration Law Group we can help you. Tell us your case today and invest in the freedom to decide where to live.
Sources
USCIS – Victims of Human Trafficking: T Nonimmigrant T Status
USCIS – I-131, Application for Travel Document
Other Resources
T Visa application: process, requirements and more details
T Visa: How long does it take to be approved?
How to obtain a Green Card in the United States – Updated Guide
Renewal of permanent residency in the United States: steps and documentation
What are the Green Card categories?
What is Form I-485 and how to apply for permanent residence
Permanent Residence for Victims of Violence or Crimes
Asylum Residency: Essential Information and Advice
VAWA Residency: A Complete Guide for Domestic Violence Victims
Types of crimes that qualify for the U Visa: What are they?
How to obtain legal permanent residence after obtaining a U visa?
]]>Applying for a visa is not an easy task. The immigration process is tough, especially when you have been a victim of one of the worst crimes in existence. At Global Immigration Law Group we know that applicants need legal help and support. You are not alone. Talk to a lawyer and let’s get on the road to your visa together.
Table of Contents
What is the T visa?
The T visa or T status is a visa for migrants who were brought into the country through trafficking-related crimes. It provides victims with a legal immigration status valid for 4 years. In addition, it opens the way to the permanent residence through the status adjustment process.
Requirements: How does the T visa work?
To apply for a T visa, you must meet the following requirements:
- Have been a victim of a severe form of trafficking.
- Having arrived in the United States, American Samoa or the Commonwealth of the Northern Mariana Islands as a victim of trafficking.
- Demonstrate that you would suffer extreme hardship related to exceptional personal injury if you leave the United States.
- Be admissible in the United States. This means that you must not have any cause that disqualifies you from entering the country.
- Collaborate with law enforcement agencies in the investigation or prosecution of crime.
If you have any cause for inadmissibility, do not despair. You can still apply for an immigration waiver or advance travel authorization to enter the country. However, these are different processes than the T-visa. Therefore, it is best to consult with an attorney. At Global Immigration Law Group we can help you. Tell us about your case and secure your stay in the United States.
Required Documentation
For your T visa application, you must submit certain documentation. Some of the main documents are:
- Form I-914 (Application for T nonimmigrant status).
- Personal statement explaining your situation and how you were trafficked.
- Supplement B to Form I-914 (Statement of a Law Enforcement Officer Law for a Victim of Human Trafficking).
- Supplement A to Form I-914, if necessary (Application for an Immediate Relative of a T-1 Visa Beneficiary).
- Form DS-160 (Online Nonimmigrant Visa Application).
- Court documents, police reports, newspaper articles or other credible evidence (if Supplement B is not submitted).
- Evidence of cooperation with law enforcement in the investigation and/or prosecution of this crime.
Please note that you may need extra documentation, such as an immigration waiver, for example. For this reason, it is essential to seek the assistance of an immigration attorney. He can tell you the documentation relevant to your case. Do not risk your application. Contact us and let’s get your paperwork in order.
What is considered a “severe form of trafficking” under federal law?
Under U.S. federal law, the following offenses are considered a “severe form of trafficking”:
- Sex trafficking: When someone recruits, harbors, transports, provides, solicits, sponsors, or obtains a person for the purpose of a commercial sex act. This is induced by force, fraud, coercion, and when the victim is under 18 years of age.
- Labor trafficking: When someone recruits, harbors, transports, provides, or obtains a person to perform labor or services through the use of force, fraud, or coercion for involuntary servitude, peonage, debt bondage, or slavery.
If you have been a victim of these crimes, it is extremely important that you seek legal help immediately. A lawyer can help you obtain a T-visa and the legal status you need. In addition, he can advise you on how to cooperate with law enforcement and defend you legally. Talk to a professional and get the legal help you need.
Types of T visas
There are several types of T visas depending on the applicant. In the following table you will find all the subclasses of this visa and their respective applicants.
| Type of visa T | Applicant |
| T-1 | Direct victim of human trafficking |
| T-2 | Spouse of T-1 visa holder |
| T-3 | Children of a T-1 visa holder |
| T-4 | T-1 visa holder’s parents |
| T-5 | Unmarried siblings under 18 years of age of T-1 visa holder |
Remember that the eligibility of family members depends on the age of the direct victim of trafficking. In addition, depending on your case, you may need certain additional documents. Therefore, it is best to consult with an immigration attorney. Do not jeopardize your application. Contact our attorneys and secure your case.
What is the T visa application process like?
The T visa application process can be summarized in the following steps:
Step 1: Filing Form I-914
Complete and file Form I-914 (Application for T Nonimmigrant Status). Remember to include your personal statement and the supporting documentation mentioned in previous sections. Any errors or missing documentation can delay or truncate the process. Therefore, it is best to seek the assistance of an immigration attorney.
Step 2: Evidence of cooperation
Gather and present evidence that demonstrates your cooperation with law enforcement agencies. You may use Form’s I-914 Supplement B, trial transcripts, court documents, police reports, etc.
Step 3: Payment or fee waiver
To apply for a T-visa, you do not have to pay any fees for Form I-914 and its supplements. However, you must pay the fees for Forms I-765, I-485, I-131, and I-192. Despite this, you may apply for a fee waiver. Therefore, it is best to consult with an attorney to make sure you qualify.
Step 4: Submit the application
Once you have gathered the necessary documentation, submit your application to USCIS. The agency will review your petition and make a decision. If approved, you will receive your T visa, which will give you a legal status valid for 4 years and the possibility to apply for permanent residency in the future.
Step 5: Secure address and confidentiality
If you do not feel safe receiving mail at home, include a safe address on your application in the mailing address field. You can inform USCIS of a change of address by following the instructions on the Change of Address Procedures for VAWA/T/U Cases and Form I-751 Abuse Waivers web page.
Please note that, depending on your case, extra instances may arise. Therefore, it is essential to seek the assistance of an immigration attorney. He or she can advise you every step of the way, avoiding mistakes that could cost you your visa. Don’t put yourself at risk by dealing with the system on your own. Tell us your case and get your T visa.
What are the benefits of the T visa?
Although the T visa brings with it multiple benefits, the main ones are:
- Provides legal status in the United States.
- It gives you the possibility to apply for an EAD to work legally in the country.
- It gives you the possibility to adjust your status to permanent resident after a few years in the United States.
Please note that the T visa does not provide residency by itself. To adjust your status, you must meet certain requirements and follow a separate process. Therefore, it is best to consult with an immigration attorney before proceeding. At Global Immigration Law Group we can help you. Talk to a lawyer and let’s process your green card together.
How long is a T visa valid for?
Generally, the T visa is valid for a period of 4 years. After this period, you may renew your status again. However, after you have served 3 years under T nonimmigrant status, you may apply for permanent residence.
How long does it take to process the T visa?
The processing time for a T-visa is typically 17 to 36 months. However, this varies depending on the specifics of your case and the USCIS workload. In addition, the process may be prolonged for any additional documentation requests.
How can I apply for a green card through the T visa?
You must file Form I-485 with USCIS. If you apply before completing 3 years as a T-immigrant, you will need a certification from the U.S. Attorney General. This indicates the conclusion of the investigation or prosecution of the trafficking acts.
What is the difference between the T visa and the U visa?
The T visa is focused on assisting victims of human trafficking. In contrast, the U visa is designed for victims of various crimes. Some of the most common include unlawful detention, kidnapping, extortion, etc. In addition, in order to obtain a U visa, a certification related to cooperation in an ongoing criminal investigation is required.
Can I include my family in my T-visa application?
Yes, Certain immediate family members of trafficked persons are eligible for the T-visa. Eligible members are:
Parents.
Children of any age or marital status.
Unmarried siblings under 18 years of age.
However, the eligibility of family members depends on the age of the victim. On the other hand, it also depends on whether they are in danger of reprisals for collaborating with law enforcement or escaping from their captors. Therefore, it is best to consult with an attorney regarding your eligibility. Tell us about your case and secure your application process.
T Visa approved, what’s next?
As we have seen, the T-visa is a great help for victims of trafficking. Once approved, it allows them to work and live legally in the country. However, it does not provide permanent status. For this, it is necessary to apply for adjustment of status 3 years after obtaining your visa.
But the process is long and challenging. It requires a lot of documentation and any errors can further delay your application. In addition, rejection could put you in deportation proceedings. Therefore, the help of a lawyer is essential. At Global Immigration Law Group we are here for you. Talk to a lawyer and take the first step towards your green card.
Sources
USCIS – Victims of Human Trafficking: T Nonimmigrant T Status
USCIS – I-914, Application for T Nonimmigrant Status
Other Resources
T Visa: How long does it take to be approved?
Once the T visa is approved, is it possible to travel?
How to obtain a Green Card in the United States – Updated Guide
Renewal of permanent residency in the United States: steps and documentation
What are the Green Card categories?
What is Form I-485 and how to apply for permanent residence
Permanent Residence for Victims of Violence or Crimes
Asylum Residency: Essential Information and Advice
VAWA Residency: A Complete Guide for Domestic Violence Victims
Types of crimes that qualify for the U Visa: What are they?
How to obtain legal permanent residence after obtaining a U visa?
]]>The status adjustment process can be very complex. Supporting documentation and requirements are changing. In addition, there are other ways to obtain permanent residency. That’s why a lawyer can make a difference. At Global Immigration Law Group we can help you. Tell us your case and take the first step towards your Green Card.
Table de Contents
What is Form I-485?
Form I-485 is a document used by individuals seeking permanent resident status in the United States. Also known as the “Application to Register Permanent Residence or Adjust Status” serves to change your immigration status from nonimmigrant to immigrant or permanent resident.
It is used in conjunction with a sponsor such as an employer or family member. It sponsors the migrant’s application for permanent residency. Your approval allows you to receive a Green Card, which will enable you to live and work legally in the country.
Form I-485 Eligibility Criteria
There are several criteria for determining a Form I-485 applicant’s eligibility. The most common are:
- Immigration Status: The applicant must have a valid nonimmigrant status at the time of filing. This implies not having entered the country illegally and respecting the terms of your current status.
- Immigrant visa availability: The applicant must have an immigrant visa available based on his/her priority date. These are determined by the Department of State (DHS).
- Grounds of inadmissibility: The applicant cannot have any grounds of inadmissibility to be in the United States. Some of the causes include health reasons, criminal record, or risk of becoming a public charge.
- Sponsorship: The applicant must have a sponsor. This may be an employer or a U.S. citizen or resident relative. However, please note that not all members of your family are eligible for adjustment of status.
Eligibility criteria for Form I-485 may vary depending on your case. In addition, not all members of your family are eligible for adjustment of status. Therefore, it is best to consult with an immigration attorney. At Global Immigration Law Group we can help you. Contact us and take the first step towards permanent residency.
Supporting Documents Form I-485
Certain supporting documentation is required to file an adjustment of status application in the United States. This must be submitted with Form I-485. The most common are:
- Two passport photographs.
- Copy of the page(s) of your passport.
- Form I-94, Arrival/Departure Record.
- Form I-130, Petition for Alien Relative (if applicable).
- Form I-864, Affidavit of Support.
- Evidence of a valid relationship with the applicant’s relative or employer (if applicable).
- Proof of legal entry into the United States.
- Medical examination results.
- Criminal background check.
- Proof of financial support.
- Evidence of continuous U.S. residency (if applicable).
- Payment of the corresponding fees.
The specific documents required for each applicant may vary depending on their circumstances. Therefore, it is best to seek the assistance of an attorney. He can help you gather the necessary documentation for your case. Do not risk your application for adjustment of status. Contact us and let us get your documents in order.
What is the status adjustment process like?
The status adjustment process can be summarized in the following steps:
Step 1: Gather the required documentation
Before filing Form I-485, gather the required supporting documentation. If any documents are in a foreign language, get a certified English translation. This includes your signature, printed name, contact information, and the date. Don’t forget that USCIS only accepts documents in English.
Step 2: Complete Form I-485
When you have all the documentation, complete Form I-485. Be clear and accurate in your answers. If a question does not apply to you, write “N/A” (not applicable). You can complete it online or by hand. If you need help, you can refer to the USCIS instructions or seek the assistance of an immigration attorney.
Step 3: Payment of fees
Along with Form I-485 and supporting documentation, you must pay the appropriate fees. You can pay by credit card, check, money order, or through the USCIS online payment system.
Step 4: Submit your application
Once you have all the documentation gathered, submit your application to USCIS. You can do this online or by mail. However, remember to check the address of the USCIS office for your state.
Step 5: Biometric Services Appointment
USCIS will schedule a mandatory appointment to take your biometrics. At this appointment, you will be required to provide your fingerprints, signature and photographs for background and identity verification.
Step 6: Wait for USCIS decision
After the biometric services appointment, you must wait for USCIS to process your Form I-485 and make a decision. If approved, you will become a permanent resident. If denied, you may be placed in removal proceedings.
Please note that USCIS may request an additional interview. In addition, the process is time-consuming and any mistakes can lead to delays and immigration problems. An immigration attorney can make a difference. At Urbina Immgration Law we are here to help you. Tell us your case and let’s process your Green Card together.
How long does it take to process Form I-485?
Generally, it ranges from 8 to 14 months. However, Form I-485 processing time varies depending on USCIS workload and the individual circumstances of each case. It is best to seek the assistance of an immigration attorney to follow up on your application properly. Contact us and get the legal help you need.
Can I work or travel with a pending Form I-485?
Yes, you can work and travel while your Form I-485 is pending. However, you must apply for an EAD to work and an Advance Parole to travel. Consult with an immigration attorney for specific details.
Is there any way to speed up the processing of Form I-485?
No, there is no form of expedited processing for Form I-485. Remember that “premium processing” is a service provided by USCIS for certain employment-based petitions for a fee. Adjustment of status is not covered by it.
Do I have to pay a fee to file Form I-485?
Yes, you must pay fees to apply adjustment of status. The filing fee for Form I-485 is $1,140. In addition, you must also pay a biometric services fee of $85.
Can I bring my family to the United States with my Form I-485?
Yes, you can bring your family members through the family reunification process. You must file Form I-485 along with Form I-130. However, please note that eligible family members vary depending on your immigration status. Also, processing times depend on the preference category you are in.
How should I translate the supporting documents?
Find a certified translator and make sure they meet USCIS requirements. The translation must be accompanied by a certification of accuracy, including the translator’s information. Once you get it, send it along with the Form I-485 and keep a copy for your records.
Legal assistance in the adjustment of status process
The Form I-485 is the initial step to obtain permanent residency. And it can help not only you, but also members of your family. All this makes this document an essential element for the status adjustment process. However, this one is by no means easy.
Depending on each applicant’s particular situation, the process and documentation required varies. In addition, if your application is denied, you could face deportation proceedings. Therefore, it is best to consult a lawyer. Do not risk your future. At Global Immigration Law Group we can help you. Tell us your case and secure your Green Card.
Other resources
How to obtain a Green Card in the United States – Updated Guide
Renewal of permanent residency in the United States: steps and documentation
What are the Green Card categories?
Green card by marriage in the United States, in detail
Documents required for the Green Card process by marriage
Permanent Residence for Victims of Violence or Crimes
T Visa application: process, requirements and more details
T Visa: How long does it take to be approved?
VAWA Residency: A Complete Guide for Domestic Violence Victims
Asylum Residency: Essential Information and Advice
If I have my asylum residency, can I travel to my country?
What are the requirements for family reunification in the United States?
Form I-130: Everything you need to know
Family sponsorship limits: How many family members can I bring to the United States?
What is the difference between Green Card and citizenship?
What does it mean to be a public charge?
Sources
USCIS – I-485, Application to Register Permanent Residency or Adjust Status
]]>Remember that not paying taxes is a serious crime. This can result in penalties ranging from fines to deportation. Therefore, it is important to consult with an immigration attorney to be clear about your tax obligations according to your status. At Global Immigration Law Group we can help. Tell us your case and secure your future.
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Do immigrants pay taxes in USA?
Yes, immigrants pay taxes in the U.S. just like any other U.S. citizen or resident. You must comply with your tax obligations, as this can help you prove your good conduct and serves as a record of your residence in the country.
However, only those who work have sources of income, own property or operate a business within the United States are subject to taxation. Therefore, you should consult with an attorney to understand your tax obligations. At Global Immigration Law Group we can help you. Contact us and stay up to date with your taxes.
What taxes do I have to pay as an immigrant?
As we have seen, all immigrants pay taxes in USA. In the following table you will find the tax obligations of every legal immigrant in the United States.
| Type of Tax | Description | Rate | Immigrant Liability |
| Federal Income Tax | Tax on earned and unearned income, including wages, interest, dividends and others. | Progressive rates ranging from 10% to 37%, depending on income level. | File an annual return (Form 1040) and pay taxes due. |
| State Income Taxes | Some states charge an income tax in addition to the federal income tax. | Varies by state (some do not even have this tax). | File a state return (if applicable) and pay state taxes. |
| Payroll tax (FICA) | Includes Social Security and Medicare. These taxes are withheld from employees’ salaries. | Social Security: 6.2%, Medicare: 1.45% (employer and employee). | Employers withhold these taxes from wages. The self-employed pay both. |
| Unemployment Tax (FUTA) | Tax employers pay to finance unemployment insurance. | 6.0% on the first $7,000 of wages paid to each employee. | None (only employer’s responsibility) |
| Property Tax | Tax on real estate, such as homes and land. | Varies by state and property value. | Property owner’s responsibility (generally annual). |
Please note that the taxes you must pay vary depending on the state in which you live. Therefore, it is important to consult an attorney to be clear about your tax obligations. At Global Immigration Law Group we can help you. Contact us and get the legal help you need.
How do I pay my taxes as an immigrant in the United States?
To comply with the tax obligations for immigrants, it is necessary to follow these steps:
Step 1: Obtain an SSN or ITIN
To pay taxes in the United States, you will need a tax identifier. Legal immigrants generally have a Social Security Number (SSN), but if you do not have one, you can also apply for an Individual Taxpayer Identification Number (ITIN).
Step 2: Gather the Necessary Documentation
Before preparing your tax declaration, be sure to gather all the necessary documentation. Remember that you will need to request and file the necessary forms with the Internal Revenue Service (IRS).
Step 3: Complete your Tax Declaration
Once you have gathered the necessary documentation, you must complete your tax declaration. You can use tax software (such as TurboTax or H&R Block), hire a certified accountant to help you, and/or manually fill out the tax forms and mail them in.
Step 4: File your Tax Return
After completing your return, you must file it with the IRS and, if applicable, your state tax agency. You can do this electronically through the IRS Free File service (if you qualify) or mail your paper return to the IRS address for your state of residence.
Step 5: Pay Any Taxes Due
If your return shows that you owe taxes, you must pay them along with any applicable penalties. You can pay directly from your bank account through the IRS online payment system, send a check or money order along with your tax return, or request a payment plan (in case you can’t afford the costs).
Keep in mind that there are several deductions and tax credits available that can reduce your tax burden. Therefore, it is important to consult with an attorney to understand your tax benefits and obligations. At Global Immigration Law Group we can help you. Contact us and secure your future in the United States.
What documentation do I need to pay my taxes?
All immigrants pay taxes in USA, but, in order to do so, you must present the following documentation:
- SSN or ITIN: Necessary to identify the taxpayer and file the tax return.
- Form W-7: If you do not have a SSN and need to apply for an ITIN.
- Form W-2: Provided by your employer; shows income earned and taxes withheld during the year.
- Form 1040: U.S. Personal Income Tax Return
- Form 1099: For unearned income, such as self-employment income, interest, dividends, and other income.
- Bank Statements and Financial Statements: Information on interest and dividend income.
- Unemployment Record (Form 1099-G): If you have received unemployment benefits.
- Records of Deductions and Credits: Documentation of expenses that may be deductible, such as mortgage interest (Form 1098), charitable donations, medical expenses, etc.
- Form 1095-A/B/C: Relating to health insurance coverage under the Affordable Care Act (ACA).
- Education Documentation: Form 1098-T for tuition and higher education expenses, and Form 1098-E for student loan interest.
- Proof of Immigration Status: Documents such as your Green Card or work visa.
- Record of Estimated Tax Payments: Proof of estimated tax payments made during the year.
- Personal Identification: A valid government-issued ID, such as a driver’s license or passport.
- Receipts and Invoices: For any expense you wish to claim as a deduction.
Tax obligations for immigrants vary depending on their status. Therefore, depending on your case, you may need additional documentation. This is why it is best to find a lawyer to help you gather the necessary documents. At Global Immigration Law Group we can help you. Contact us and get your paperwork in order.
How to obtain a Social Security Number?
To obtain an SSN, you must complete Form SS-5 and present documents that prove your identity, age, and immigration status. Accepted documents include your passport, visa, and green card (if applicable). The process is free and the SSN is mailed to you.
How to obtain an Individual Taxpayer Identification Number (ITIN)?
To obtain an ITIN, you must complete Form W-7 and submit it along with your tax return and identity documents to the IRS. You can submit the application by mail, in person at an IRS office, or through an acceptance agent.
Do I have to pay taxes if I am undocumented?
Yes, all immigrants pay taxes in U.S., even undocumented immigrants. In addition, this could be beneficial to you, as paying taxes can show good citizenship and function as evidence of presence in the country, things you will need to regularize your status in the future.
What should I do if I receive income from abroad while in the U.S.?
Income from international sources usually requires an immigrant tax return in the U.S. However, there are possible deductions or tax credits related to these foreign earnings. Therefore, in these cases it is best to consult an attorney or tax expert for these situations.
Do I still have to pay taxes in the United States if I was deported?
Deportation changes residency status, but does not necessarily exempt immigrants from tax obligations, especially if there was income in the country during the tax year. However, each case is unique, so it is essential to seek the advice of a qualified attorney.
Conclusion
Beyond the prejudices and myths about immigration that circulate, all immigrants pay taxes in USA. Whether legal or undocumented, migrants must file their taxes and contribute to the tax system. However, tax benefits and obligations change depending on your residency status.
Therefore, it is best to seek the help of an attorney or accountant to better understand your obligations as a taxpayer and avoid problems with both USCIS and the IRS. At Global Immigration Law Group we can help you. Contact us and get the legal assistance you need.
Sources
IRS – Personal Taxpayer Identification Number
SSA – Social Security Number (SSN) Information
Other Resources
Top 10 Most Common Myths about Immigration to the U.S.
How to obtain a Green Card in the United States – Updated Guide
What are the Green Card categories?
What is the difference between Green Card and citizenship?
How to avoid deportation in the U.S.: the complete guide
What are the reasons to deport a person from the United States?
]]>Leaving the country without the proper permits may jeopardize your application. Therefore, it is essential to consult with an immigration attorney before making any decisions. Do not risk your future. At Global Immigration Law Group we can help you. Contact us and secure your immigration process.
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I have asylum by residency, can I travel?
Yes, if you have asylum residency you can travel out of the country and re-enter without any problem. However, if you have only asylee status, you must apply for a travel document by means of the Form I-131. Without this document, you may be prevented from returning to the US. Therefore, it is important to consult with an immigration attorney before traveling. At Global Immigration Law Group we can help you. Tell us about your situation and travel with the security of knowing that you will be able to maintain your status.
What is a travel document?
A travel document is a permit that authorizes persons without permanent resident status to travel abroad. Also known as “advance parole”, this works like a passport and allows you to return to the country without a valid visa. In addition, applying for a travel document does not affect your residency application.
What documents do I need to present to apply for a travel document?
The documentation required to apply for a travel document varies depending on whether you apply inside or outside the United States. You will find the documents required for both cases in the following table:
| If found… | Then you must submit… |
| In the United States | Form I-131 (Application for Travel Document) |
| Copy of an official photo ID | |
| Proof of refugee or asylee status | |
| Statement explaining the reason for a “yes” answer to any question in Part 6 of Form I-131 | |
| Abroad | Form I-131 (Application for Travel Document) |
| Two identical, color, passport-style photographs (taken within 30 days) | |
| Evidence of your last departure from the U.S. (airline tickets, boarding pass, etc.) | |
| Receipt of fees paid | |
| Statement explaining: – The purpose of your trip out of the U.S. – The reason for his departure from the U.S. without first applying for a refugee travel document – Where have you traveled since leaving the U.S.? – Your activities while outside the U.S.- Whether you intended to abandon your asylum or refugee status when you left the U.S. |
Please note that, depending on your case, you may need certain additional documents. Therefore, it is best to seek the help of a lawyer to gather all the necessary information. At Global Immigration Law Group we can help you. Tell us your case today and let’s get your paperwork in order.
How to obtain a refugee/asylee travel document?
The process for obtaining a travel document can be summarized in the following steps:
Step 1: Complete Form I-131
Download and complete Form I-131, making sure to fill out all required sections. If you are applying for this document as a refugee/asylee, pay special attention when completing part 6 of the form. Any errors or omissions here could delay or even truncate your application.
Step 2: Gather Necessary Documents
Then, gather the necessary documents mentioned above. Please note that these may vary depending on whether you are in or out of the country when applying for your travel document.
Step 3: Prepare Explanatory Statements
If you had to leave the United States without a travel document, prepare an explanatory statement that includes the purpose of your trip out of the country, the reason you did not apply for the document, details of your activities and travel since leaving, and your intentions regarding your asylum or refugee status upon departure.
Step 4: Submit the Application
Then, file the application by sending the form and supporting documents to the appropriate USCIS address. See the Direct Filing Addresses for Form I-131 for information on where to send your application.
Step 5: Wait for Approval
Finally, wait for approval, keeping in mind USCIS processing times before planning your travel. If you have an urgent need to travel, you can consult the USCIS Expedited Processing and Emergency Travel page for more information.
The travel document is extremely important because, if you leave the country without it, you may be denied re-entry and even lose your status. For this reason, it is best to have an immigration attorney help you process your application as soon as possible. At Global Immigration Law Group we can assist you. Contact us and obtain your travel permit.
Can I submit a Travel Document Application after I have left the United States?
Yes, it is possible to submit your travel document application after you have left the United States. However, this is not recommended. If you file your application after leaving, you must show that you could not file earlier due to force majeure and that you have been out of the country for less than one year.
What happens if I leave the United States without residency or a travel document?
If you leave the United States without residency or a valid travel document, you will be considered to have abandoned your legal status in the country, complicating future applications for entry. In addition, you may be denied entry and could face difficulties in obtaining a new immigration status.
How long does it take to process a travel document?
USCIS provides general estimates of processing times on its website, but these may change depending on various factors. Because of this, it is recommended that you file your application at least 60 days in advance of your intended travel date.
How long is a travel document valid for?
A travel document is valid for one year. However, processing times are changeable, so it is important to keep this in mind if you must process your travel permit from abroad.
Can my Form I-131 be rejected if I leave the United States while the application is pending?
Yes, your Form I-131 may be rejected if you leave the United States while the application is pending. This is especially if you have not indicated the option for USCIS to send the document abroad or if you have not provided biometric data prior to departure.
Conclusion
As we have seen, with asylum residency you will be able to travel outside the United States and return without any problem. However, everything changes if you only have an asylee status or if your adjustment of status is pending. In this case, you must apply for a travel document in order to leave the country. Otherwise, you could face serious consequences.
Therefore, it is essential to consult your situation with an immigration attorney before traveling. He or she can analyze your situation and help you choose the best option available. Do not risk your future. At Global Immigration Law Group we can help you. Tell us about your case and get the legal help you need.
Sources
USCIS – Permanent Residence for Asylees
USCIS – I-131, Application for Travel Document
Other resources
Permanent Residence for Victims of Violence or Crimes
Asylum Residency: Essential Information and Advice
What is Form I-485 and how to apply for permanent residence
VAWA Residency: A Complete Guide for Domestic Violence Victims
How to obtain a Green Card in the United States – Updated Guide
What are the Green Card categories?
Renewal of permanent residency in the United States: steps and documentation
How to apply for American residency by family petition, step by step
What is a Migratory Waiver and how should I apply for it?
Did you know that illegal re-entry into the United States has serious consequences?
]]>Obtaining asylum can be difficult, given the harsh circumstances applicants have endured in their home country. But he is not alone. At Global Immigration Law Group we know what you are going through. That’s why our attorneys can support and assist you every step of the way. Tell us your case and get the help you need.
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What is Asylum in the United States?
Asylum is legal protection for people fleeing persecution in their home countries because of race, religion, nationality, membership in a particular social group, or political opinion. Applicants must demonstrate a well-founded fear of persecution to obtain asylee status in the country.
Who can obtain asylum residency?
To obtain the residency through asylum, any applicant must meet the following requirements:
- Be physically present in the U.S.: You must have been in the U.S. for at least one continuous year from the date USCIS approved your asylum application. Any time spent abroad will not count toward this requirement.
- Meet the refugee definition: You must continue to meet the legal definition of a refugee, i.e., continue to fear persecution in your home country because of race, religion, nationality, membership in a particular social group, or political opinion. In addition, traveling back to your home country may cause you to lose your asylee status.
- Not having resettled in another country: You must not have accepted citizenship or permanent residence from a third country before or after entering the United States in asylee status. Resettling permanently in another country disqualifies you for asylum residency.
- Not inadmissible: Must be admissible, i.e., not subject to any of the grounds of inadmissibility under USCIS criteria. This includes health problems, criminal record, public charge, national security risk, previous removal proceedings, illegal immigration status, among others.
Fulfilling these requirements is essential to obtain asylum residency. Therefore, when in doubt, it is best to consult with an attorney to ensure your eligibility. At Global Immigration Law Group we can help you. Contact us today and take the first step towards permanent residency in the United States.
How to obtain asylum residency?
The asylum residency process can be summarized in the following steps:
Step 1: Completing Form I-485
Complete Form I-485 (Application to Register Permanent Residence or Adjust Status). Be sure to answer all questions about your biographical information, immigration history and marital status clearly and concisely.
Step 2: Gather supporting documentation
Gather all necessary supporting documents, such as the notice of asylum, identity documents, proof of physical presence in the U.S., passport-style photos, copy of Form I-94, etc. It is also recommended that you keep a copy of each document for your personal records.
Step 3: Pay filing fees
Pay the filing fees for Form I-485 ($1,140) and biometrics services ($85). You can pay by check or credit card. However, in case you cannot afford the fees, you can apply for a waiver through Form I-912.
Step 4: Submit documents to USCIS
Organize all forms and supporting documents in a well-structured package. Also include a cover letter detailing everything included. Once this is done, send the package to the appropriate USCIS address.
Step 5: Biometrics appointment and residency interview
Finally, USCIS will schedule a biometrics appointment at an Application Support Center (ASC) to verify your criminal history. Then, if necessary, you will attend an interview where an USCIS officail will evaluate your application and confirm that you are eligible for asylum residency.
In the event that USCIS denies your application or you do not receive your green card within 120 days, it is best to consult with an attorney. He or she will be able to help you file an appeal and/or advise you of an unreasonable delay. At Global Immigration Law Group we can assist you. Tell us about your case and get the legal help you need.
Documentation required for asylum residency
For your application for permanent residence by asylum, you must submit the following documentation:
| Document | Description |
| Form I-485 | Application to Register Permanent Residency or Adjust Status |
| Form I-912 (if applicable) | Application for Fee Waiver |
| Proof of asylum | Copy of letter, decision of an immigration judge, or Form I-94, Record of Entry/Departure showing the date you were granted asylum |
| Evidence of one year of physical presence in the U.S. | Documents showing your physical presence in the U.S. for one year after the grant of asylum. |
| Passport photos | Two recent photos |
| Identity Card | Copy of a government issued ID |
| Birth Certificate | Copy of birth certificate |
| Non-immigrant visa passport page (if applicable) | Copy of the non-immigrant visa page of passport |
| Passport page with admission stamp or entry permit (if applicable) | Copy of passport page with admission stamp issued by a U.S. immigration officer. |
| Form I-693 | Medical Report and Immunization Record (may be submitted with Form I-485 or at a later date when requested) |
| Police and court records (if applicable) | Certified records of all criminal charges, apprehensions, or convictions. |
| Form I-602 (if applicable) | Refugee Application for Waiver of Grounds for Exclusion |
Submitting the necessary documentation is vital to avoid problems and delays in your application. However, this is not an easy task, as you may be asked for additional documents. Therefore, it is best to consult a lawyer. At Global Immigration Law Group we can help you. Tell us about your case and get your documentation in order.
How long does asylum residency take?
The length of time it takes to process asylum residency can vary, but can generally take several months or even years. Factors such as the USCIS workload, the complexity of the case, and any need for additional evidence may influence the length of the process. Therefore, it is important to be prepared for possible delays.
Can I include family members in my asylum residency application?
Yes, you may include your spouse and children as derivative asylees, as long as they meet certain requirements, such as having been included in your asylum application (Form I-589) or being a beneficiary of Form I-730.
How can I apply for asylum residency for my family members?
To apply for asylum residency for their family members, each member must file a separate Form I-485 with their filing fee after one year of physical presence in the U.S. They must also include additional documents such as marriage or birth certificates and the notice of grant of asylum.
Can my asylum residency application be denied?
Yes, there are some grounds of inadmissibility for which your adjustment of status petition may be denied even if you are an asylee. Some of the most common are having a criminal record, being considered a public charge, having prior deportation proceedings, or illegal entry into the country.
Are there other ways to obtain residency for victims of violence?
Yes, in addition to asylum residency, there are other legal avenues through which victims of violence can obtain a green card. Some of the most popular are the VAWA, T and U visas. However, it is best to consult with an immigration attorney to explore all the options available to you.
Legal aid for asylum residency
As we have seen, permanent residence by asylum is a great resource for those who must flee their country of origin. However, this is not without its difficulties and the conditions under which applicants must face this process can be overwhelming.
Therefore, it is best to seek the help of an attorney who can not only assist you in the legal aspects of the process, but also support you during this difficult situation. At Global Immigration Law Group we know what you are going through. Do not face this process on your own. Contact us today and let us secure your future in the United States.
Sources
USCIS – Permanent Residence for Asylees
USCIS – I-485, Application to Register Permanent Residency or Adjust Status
Other resources
If I have my asylum residency, can I travel to my country?
What is Form I-485 and how to apply for permanent residence
Permanent Residence for Victims of Violence or Crimes
T Visa application: process, requirements and more details
T Visa: How long does it take to be approved?
Once the T visa is approved, is it possible to travel?
VAWA Residency: A Complete Guide for Domestic Violence Victims
How to obtain a Green Card in the United States – Updated Guide
What are the Green Card categories?
Renewal of permanent residency in the United States: steps and documentation
How to apply for American residency by family petition, step by step
What is a Migratory Waiver and how should I apply for it?
Did you know that illegal re-entry into the United States has serious consequences?
]]>If you were a victim of domestic violence or some other crime, it is important to seek help to get out of that situation and regularize your status. A lawyer can assist you in both processes, accompanying you in each step. At Global Immigration Law Group we are here for you. Tell us about your case and get the help you deserve.
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What is a VAWA self-petitioner?
A self-petitioner under VAWA (Violence Against Women Act) is a person who applies for permanent residence in the U.S. without the support of a sponsor (spouse, parent, or child). Recall that this program allows victims of domestic violence to file a petition on their own to obtain legal protection and stability.
Who can obtain VAWA residency?
While any self-petitioner may apply for VAWA residency, there are certain conditions must be met to obtain it. Some of the main requirements are:
- Have an approved or pending VAWA self-petition (Form I-360).
- Be able to prove that you were a victim of domestic violence (and therefore deserving of a favorable exercise of discretion by USCIS).
- Be physically present in the U.S. at the moment of filing Form I-485 (Application for Adjustment of Status).
- Be eligible to receive an immigrant visa.
- Have an immigrant visa available at the time you file Form I-485 and when USCIS decides on your application.
- Not be subject to any adjustment veto.
- Be admissible to the U.S. for permanent residence or be eligible for a waiver of inadmissibility.
Fulfillment of these requirements is essential to obtain VAWA residency. Therefore, it is essential to consult with an attorney to ensure that you comply with all of them before filing your application. At Global Immigration Law Group we can help you. Contact us and take the first step towards your green card.
How to obtain VAWA residency?
The process for obtaining VAWA residency can be summarized in the following steps:
Step 1: Apply for the VAWA Visa
First, you must have an approved or pending VAWA visa to apply for residency. To do this, you must file Form I-360. If an immigrant visa is available at that time, you may file your adjustment of status application without waiting for approval of your VAWA visa.
Step 2: Form I-485
En segunSecond, you must apply for and complete Form I-485 (Application for Adjustment of Status). If you are a VAWA self-petitioner as an immediate relative, you may file at any time. Otherwise, you must check visa availability and wait for a visa to become available.
Step 3: Submit Forms I-485 and I-360
After completion, file Form I-485 along with Form I-360 while this last one is pending or after approval. Also check the Department of State’s Visa Bulletin for visa availability and priority dates.
Step 4: Change I-485 Application (if your case warrants it)
If you already have a Form I-485 pending based on an I-130 petition approved by your abusive relative, you must notify the local USCIS office to change your application to be based on your VAWA self-petition. The deadline to request such a change is 30 days.
Step 5: Consular Processing (if your case warrants it)
Finally, if you are abroad, you will need to follow the consular process to apply for VAWA residency. Remember that you will need to submit all documentation and supporting evidence again for consular officers to review.
Please note that, depending on the particularities of your case, there may be some extra steps, especially during the consular process. Therefore, it is best to have an immigration attorney advise you. At Global Immigration Law Group we can accompany you in every step of the process. Tell us about your case and avoid problems with your application.
What documents do I need to obtain VAWA residency?
To obtain VAWA residency you must submit the following documentation:
- Form I-485, Application to Register Permanent Residence or Adjust Status.
- Form I-693, Medical Report and Immunization Record (submit with Form I-485 at a later date or during your interview, if applicable).
- Two passport photos.
- Copy of the following documents:
- Form I-797 (Notice of Approval or Receipt) of your Form I-360 (unless you are filing it with Form I-485).
- Government issued photo identification document.
- Birth certificate.
- Page of the passport that holds the non-immigrant visa (if applicable).
- Passport page that has the admission stamp or entry permit issued by a U.S. immigration officer (if applicable).
- Form I-94 (Arrival/Departure Record) or the admission stamp or entry permit placed by CBP on your travel document (if applicable).
Please note that, depending on your case, you may need certain additional documentation, such as immigration waivers or criminal records. Therefore, it is best to consult with an attorney about the necessary documents for your situation. At Global Immigration Law Group we can help you. Tell us your case and let’s get your papers in order.
Can I apply for VAWA residency for my family?
Yes. Certain family members may qualify as derivative applicants for VAWA residency. These are:
- Spouse: You may file your application if you are or were the abused spouse of a U.S. citizen or permanent resident. You may also include your unmarried children under 21 years of age if they have not yet filed their own application.
- Parent: You may file on your own if you are the parent of a U.S. citizen and you have been abused by your U.S. citizen child.
- Child: You may file on your own if you are an abused child under 21 years of age, unmarried, and were victimized by your citizen or permanent resident parent. In addition, you may file on your own as a minor under the age of 21 but before your 25th birthday if you can show that the abuse was the main reason for the delay in filing.
Please note that the Child Status Protection Act (CSPA) allows certain individuals to be considered minors even if they have reached the age of 21. Therefore, it is important to consult your situation with a professional attorney. At Global Immigration Law Group we can help you. Tell us your case and let’s get together your permanent residency.
Is an interview for residency through VAWA necessary?
Yes, an interview is required for residency through VAWA. This focuses on verifying the veracity of the abusive relationship and the applicant’s eligibility. You may be asked questions about the history of abuse, the relationship with the abuser, and the evidence presented in the application.
How long does it take to get residency through VAWA?
VAWA residency processing time can take anywhere from 12 to 36 months or more. This varies depending on factors such as USCIS workload, case complexity and other individual factors. Therefore, it is important to prepare a complete and accurate application to expedite the process.
Can I apply for employment authorization if I have a Form I-485 pending?
Yes, you can apply for employment authorization with an adjustment of status petition pending. To do this, you must file Form I-765 (Application for Employment Authorization) with USCIS. Remember that working in the U.S. without the proper permits is a crime punishable by fines, imprisonment or even deportation.
Can I travel outside the United States while my Form I-485 is pending?
Yes, you may travel outside the United States with a Form I-485 in process. To do so, you must apply for an advance permission document by filing Form I-131 (Application for Travel Document).
Are there any grounds of inadmissibility that may affect my VAWA residency application?
Yes, certain grounds of inadmissibility may affect your VAWA residency application, even though self-petitioners are exempt from adjustment vetoes. These grounds are listed under section 212(a) of the INA and include public charge and illegal entry or re-entry into the country.
Legal Aid for Residency through VAWA
As we have seen, a VAWA self-petition can be the gateway to obtaining permanent residency in the United States. However, applying for it has its difficulties. Not only can the process be very changeable, but the documentation and status of the applicants involved also varies from case to case.
Therefore, it is best to seek the help of a lawyer to deal with this process. They can provide you with the support you need, helping you every step of the way and helping you navigate through the immigration system. You are not alone. At Global Immigration Law Group we can help you. Contact us and let’s take the first step towards a better life together.
Sources
USCIS – Permanent Residence for VAWA Self-Petitioners
USCIS – Abused Spouse, Children and Parents
USCIS – I-360, Petition for Amerasian, Widow(er), or Special Immigrant
USCIS – I-485, Application to Register Permanent Residency or Adjust Status
Other resources
Permanent Residence for Victims of Violence or Crimes
What is Form I-485 and how to apply for permanent residence
T Visa application: process, requirements and more details
T Visa: How long does it take to be approved?
Once the T visa is approved, is it possible to travel?
Asylum Residency: Essential Information and Advice
If I have my asylum residency, can I travel to my country?
How to obtain a Green Card in the United States – Updated Guide
What are the Green Card categories?
Renewal of permanent residency in the United States: steps and documentation
How to apply for American residency by family petition, step by step
What is a Migratory Waiver and how should I apply for it?
Did you know that illegal re-entry into the United States has serious consequences?
]]>A deportation process can be overwhelming for any person since their future in the country is at stake. For this reason, it is best to seek the help of an immigration attorney to accompany you through this difficult time. At Global Immigration Law Group we can assist you. Tell us your case and let’s defend your rights together.
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What is a motion to reopen?
A motion to reopen is a legal request to reconsider a previously decided immigration case. Appears before an immigration court after a final order of deportation or removal has been issued. It must be based on new facts or evidence that was not available at the time of the original ruling.
How to reopen a deportation case?
So, how to reopen a deportation case? This can be summarized in the following steps:
Step 1: Assess eligibility
First, evaluate whether your case qualifies for a motion to reopen and whether this is in your best interest. Remember that there are several types of deportation defenses, and choosing the right one for your case is essential. Therefore, it is best to consult with an attorney before initiating legal action.
Step 2: Collect new evidence
Once you have decided to file a motion to reopen, gather any relevant new evidence that may support it. This could include testimony, medical records, affidavits, letters of support, or other documentation showing changes in your situation since your case was last considered.
Step 3: Prepare motion to reopen
Once you have gathered the new evidence, draft the motion to reopen your case. Be sure to include all relevant details about why your case should be reopened and any new evidence to support your request.
Step 4: Filing with the immigration court
Once you have prepared your motion to reopen, you must file it with the appropriate immigration court. Be sure to follow all procedures and deadlines established by the court for filing legal documents.
Once you have filed the motion, the court will review your case and issue a decision on whether or not to grant the motion to reopen. This process can take time, so be patient while waiting for the court’s decision.
Step 5: Court decision
Depending on the court’s decision, you may need to take additional steps. If the motion is granted, you will need to take certain additional steps to move forward with your case. If the motion is denied, you may still be able to pursue other types of deportation defenses or appeal the decision as necessary.
Keep in mind that this is an extremely complex process, in which any hasty legal action could complicate your case. Therefore, it is best to consult with an attorney to assist you every step of the way. At Global Immigration Law Group we can help you. Contact us today and defend yourself against deportation.
What is the difference between a motion to reopen and a motion to reconsider?
As we have mentioned, a motion to reopen seeks to review a decision based on new facts or relevant evidence not previously presented. A motion to reconsider, on the other hand, requests review of a decision due to an incorrect interpretation of law or policy, without considering new facts or evidence.
Confusing these motions may result in the nullity of your motion. Therefore, it is important to consult with an attorney before taking any legal action. Do not risk your future by facing these processes on your own. At Global Immigration Law Group we can help you. Talk to a lawyer and defend yourself against deportation.
Practical example
Let’s look at this example to better analyze the difference between a motion to reopen and a motion to reconsider: Maria filed an application for adjustment of status based on her marriage to a U.S. citizen, but it was denied due to an incorrect interpretation of the law by the court.
During her hearing, Maria was unable to present certain crucial documentation that would demonstrate her eligibility for adjustment of status. A motion to reconsider would be appropriate in this case, as it seeks to correct a legal error without presenting new facts or evidence.
What are the grounds for filing a motion to reopen?
There are two reasons why Immigration and Customs Enforcement (ICE) or the Department of Homeland Security (DHS) might accept a motion to reopen:
- Appearance of new evidence, facts or other compelling exceptional circumstances that were not taken into account at the time of the original ruling.
- That you have been prejudiced due to the poor performance of your attorney during the original proceeding. In these cases, you should do the following:
- Submit an affidavit explaining the agreement with the former attorney regarding legal representation.
- Present evidence that the former attorney has been informed of the allegations and given an opportunity to respond.
- Show that a complaint against the former attorney was filed with the appropriate disciplinary authorities, or explain why no such complaint was filed.
Note that the motion to reopen your case is one of many options for defending against deportation. Choosing the most suitable for your case is essential. Therefore, it is best to consult with an attorney before initiating a proceeding. At Global Immigration Law Group we can help you. Tell us your case and let’s defend your rights together.
How long do I have to file my motion to reopen?
A motion to reopen a case must be filed within 90 days after the date of entry of a final order of removal. However, there are exceptions to this deadline:
- Removal order “in absentia“: In these cases, you may file your motion to reopen within 180 days if there were “exceptional circumstances,” or at any time if you did not appear at the hearing because you were in state or federal custody.
- Agreement with the authorities: The government agrees to file a joint motion to reopen without time limit.
- Changes in Country of Origin Conditions: In the case of an application for asylum or withholding of removal based on changes in country conditions that could not be discovered or presented at the original hearing there is no time limit for filing a motion to reopen.
- Motion based on exceptional hardship or extreme violence: If the motion is based on extreme cruelty or exceptional and extreme hardship to a U.S. citizen or resident relative and the motion is accompanied by a request for cancellation of removal, there will be no time limit for filing.
Filing deadlines are key to filing a motion to reopen. Therefore, it is best to consult with an immigration attorney to file at the appropriate time. Don’t risk your future by facing an appeal on your own. At Global Immigration Law Group we can help you. Tell us your case and defend yourself properly.
What kind of evidence and documentation do I need for my motion?
To file and support a motion to reopen your case, you must submit the following documentation:
- Form I-290B, Notice of Appeal or Motion
- Form N-336, Request for Hearing on a Section 336 Naturalization Proceedings Decision (if appealing a decision on a Form N-400, Application for Naturalization).
- Form I-694, Notice of Appeal of a Decision Under Sections 245A or 210 of the Immigration and Naturalization Act (if appealing a decision on special immigrant worker, legalization, and cancellation of status applications).
- Form EOIR-29, Notice of Appeal of a DHS Officer’s Decision to the Board of Immigration Appeals (if appealing a decision on a Form I-130, Alien Relative petition or other decisions that are appealed to the BIA).
- New evidence material, among others:
- Affidavits
- Testimonials
- Medical records
- Official reports on changes in conditions in the country of origin
- Letters of support
Please note that the presentation of new evidence is critical to any motion to reopen. Therefore, it is best to seek the help of an attorney to gather the necessary documentation. At Global Immigration Law Group we can assist you. Contact us and let’s get your paperwork in order.
What are the grounds for filing a motion to reopen?
The most common grounds for filing a motion to reopen are:
– Withholding of deportation.
– Asylum and withholding of removal.
– Relief under the United Nations Convention Against Torture (CAT protection).
– Adjustment of status.
– NACARA 203 relief.
– Ineffective assistance of counsel.
Can you deport me while my motion is pending?
Yes, you can be deported while your motion is pending. You should note that filing a motion to reopen does not change the underlying deportation order. Therefore, it is best to consult with an immigration attorney before initiating any legal action.
Can I appeal if my motion to reopen is denied?
Yes, you can appeal the denial of a motion to reopen to the Board of Immigration Appeals (BIA) and subsequently to the U.S. Court of Appeals for the Ninth Circuit in most cases.
However, it is crucial to act quickly, as there are limited time limits for appealing an immigration decision. Therefore, it is best to consult an attorney immediately to avoid losing the right to appeal.
What happens if I leave the country for voluntary departure?
In the event that he or she opts for voluntary departure and fails to comply with the deadline for departure, the motion to reopen will be denied for failure to comply. This is known as the “Fugitive Disentitlement Doctrine” under which, by refusing to depart as required, the alien has waived his right to reopen the case.
Motion to reopen granted: What’s next?
Once your motion to reopen your case is granted, you will be allowed to present the new evidence. The immigration judge will analyze it and rule on the case based on the new documentation submitted. However, this does not guarantee that the deportation will be cancelled or that the process will be finalized.
Once the judge rules, it will have to continue its legal path through other avenues, either through another defense or through an appeal. Therefore, it is best to seek the help of an immigration attorney to guide you every step of the way. At Global Immigration Law Group we can help you. Contact us and get the legal help you need.
Sources
USCIS – Questions & Answers: Appeals & Motions
Other resources
Classification of Deportations in the U.S.
What to do if you have a deportation order?
What are the reasons to deport a person from the United States?
How to avoid deportation in the U.S.: the complete guide
Immigration Form 42B: the remedy for cancellation of removal in the U.S.
What is a Migratory Waiver and how should I apply for it?
What is an I601 Waiver and what is it for?
How long does it take to resolve a deportation appeal in the United States?
]]>Requests for humanitarian assistance can be a stressful time. We know that the safety of you and your family is often at stake in these processes. Because of this, these kinds of requests can be overwhelming. But at Global Immigration Law Group we can help you. Tell us about your case and receive the quality legal assistance you need.
Table of Contents
What is Temporary Protected Status (TPS)?
Temporary Protected Status (TPS) is a benefit granted by the Secretary of DHS to aliens from countries affected by extraordinary conditions, such as:
- Ongoing armed conflicts (e.g., civil war).
- Natural disasters (e.g., earthquakes or hurricanes) or epidemics.
- Other extraordinary and temporary conditions.
This grants you a temporary status that allows you to remain in the United States, protecting you from deportation and allowing you to work and travel legally.
Who can apply for TPS?
To apply for Temporary Protected Status (TPS), migrants must meet the following requirements:
- Be a citizen of a country designated by USCIS for TPS or have your last habitual residence in a designated country.
- File the application during the initial registration or re-registration period, or meet the late filing requirements during any extension of your country’s TPS designation.
- Have been continuously physically present (CPP) in the United States since the effective date of your country’s most recent date of designation
- Have continuously resided (CR) in the United States since the date specified for your country.
The law provides for exceptions to the requirement of continuous presence and residence. Therefore, it is essential to find an immigration attorney who can analyze your case. At Global Immigration Law Group we can help you. Tell us about your situation today and let’s take the first step together towards a better life in the United States.
TPS Designated Countries
As mentioned above, only migrants from certain countries may apply for Temporary Protected Status. The USCIS designees are:
- Afghanistan
- Burma (Myanmar)
- Cameroon
- El Salvador
- Ethiopia
- Haiti
- Honduras
- Nepal
- Nicaragua
- Somalia
- Sudan
- South Sudan
- Syria
- Ukraine
- Venezuela
- Yemen
What documents do I need to apply for TPS?
In the following table you will find the documentation you must submit for your application for Temporary Protected Status:
| Category | Documentation |
| Forms | Form I-821, Application for Temporary Protected Status |
| Form I-765, Application for Employment Authorization (if applying for an EAD) | |
| Form I-601, Application for Waiver of Grounds for Inadmissibility (if required) | |
| Evidence of Identity and Nationality | Passport |
| Birth certificate with photo ID | |
| National identity card with photo and fingerprints issued by the country | |
| Certificate of naturalization (if required) | |
| Affidavit in the absence of primary documents (if required) | |
| Evidence of Date of Entry | Copy of passport |
| Form I-94, Arrival/Departure Record | |
| Evidence of Continuing Residency (CR) | Employment Records |
| Rent receipts, utility invoices, receipts or letters from companies | |
| School records of U.S. schools you or your children have attended | |
| Hospital records or medical records relating to the treatment or hospitalization of you or your children | |
| Statements from officials of your church, union or other organization, who know you and know where you live | |
| Additional Documentation | Baptismal Certificate |
| School or medical records | |
| Other immigration documents | |
| Affidavits from friends or relatives on nationality and place of birth | |
| *Note: All documentation must be submitted in English. Any document in another language must be accompanied by a complete translation. | |
Please note that any errors in the documentation (whether due to lack or omission) may hinder your application. For this reason, it is essential to have an immigration attorney to help you gather and complete the necessary documents. At Global Immigration Law Group we are here for you. Contact us and let’s get your paperwork in order.
What are the benefits of TPS?
The main benefits that a Temporary Protected Status brings with it are:
- Protection against deportation
- Grants legal immigration status
- Allows you to apply for an employment authorization
- Allows you to travel abroad (as long as you have the corresponding permit).
- Entrance door for:
- Apply for Nonimmigrant Status
- Filing an Application for Adjustment of Status based on an immigrant petition
- Apply for any other immigration benefit or protection for which you may be eligible.
TPS does not grant permanent status and to obtain any other benefits you must meet the corresponding requirements. Therefore, it is best to seek an attorney to help you continue your immigration process. At Global Immigration Law Group we can assist you. Tell us about your case and take the first step towards your new life in the United States.
What is the TPS application process like?
The process of applying for Temporary Protected Status can be summarized in the following steps:
Step 1: Application Submission
Once you have prepared your Temporary Protected Status application package with all the necessary documentation, you will need to send it to the address indicated for your country. Be sure to sign your application and pay the appropriate fees (or attach the fee waiver request, if applicable).
Step 2: USCIS receives the application
At this stage USCIS will review the documentation submitted. If you meet the acceptance criteria, they will enter your application into the system and send you an acknowledgement of receipt. At the top of the acknowledgement you will find a receipt number, which you can use to check the status of your case online.
If you do not receive an acknowledgement within three weeks of filing your application, call the USCIS Contact Center for assistance. If your application was rejected during the review stage, you may resubmit it during the reentry period, after correcting the problems noted by USCIS.
Step 3: Biometric Data
USCIS will send an appointment notice to take your biometrics at an Application Support Center (ASC). Please note that this is mandatory for all TPS applicants over 14 years of age, in order to corroborate identity, perform background checks and generate an EAD (if requested).
Step 4: Appointment at the ASC
Keep your appointment at the ASC, presenting evidence of your nationality and identity (e.g., a passport), your acknowledgement of receipt, your appointment notice, and your current EAD (if you have one). If you are unable to attend, you should submit a rescheduling request as soon as possible. Please note that this may delay your case.
Step 5: Adjudication of the application
Once USCIS has analyzed your application and has your biometrics, the authorities will make a decision on your application. If approved, they will send you a notice of approval and an EAD (if you requested one and have not received one prior to this step).
Please note that you may be asked to provide additional documentation to determine your eligibility. In these cases, you should respond promptly and seek the assistance of an attorney to avoid rejection of your application. Do not risk your future. Contact us today and get the legal assistance you need.
How long does Temporary Protected Status last?
TPS is generally renewed annually. However, this depends on the Attorney General‘s outreach decisions. Beneficiaries must re-enroll during the corresponding period to maintain benefits, regardless of whether it was granted by USCIS, an Immigration Judge or BIA.
What is a “late application” for TPS?
A late application for Temporary Protected Status refers to filing after the re-registration deadline or during an extension of the designation period. To apply, you must meet certain conditions, such as being a spouse or child of someone eligible. Check the registration dates on your country’s TPS page.
Can I get a Green Card through TPS?
Yes, some beneficiaries of Temporary Protected Status may be eligible for permanent residency in the United States. However, please note that TPS does not automatically grant a green card; you will need to go through the application process.
Do I have to pay a fee to apply for TPS?
Yes, you must pay the official U.S. Immigration Service fees for Forms I-821, I-765 and for the collection of your biometrics. However, you may file a fee waiver request if you meet the applicable requirements.
Can I travel outside the United States with TPS?
Yes, you may travel outside the United States with an approved Temporary Protected Status. However, please note that you must first apply for a travel permit. Otherwise, you could lose your status and face serious legal consequences, such as deportation.
Can I appeal if my Temporary Protected Status is denied?
Yes, you can appeal the denial of your application for Temporary Protected Status. Once USCIS denies your application, you have 30 days to appeal to the Administrative Appeals Office (AAO).
Note that you cannot appeal if you were placed in removal proceedings when your TPS application was denied. However, in these cases you can request that an immigration judge adjudicate your application to avoid deportation.
Legal Aid for Temporary Protected Status
As we have seen, Temporary Protected Status is a great resource for those fleeing their home country in search of humanitarian relief. In addition, it is a form of defense against deportation, offering its beneficiaries a work permit and opening a door to apply for permanent residency in the future.
However, the amount of documentation required and the strict registration deadlines can make the process difficult. For this reason, the assistance of an attorney is essential. Don’t risk your future by applying on your own. At Global Immigration Law Group we can help you. Tell us your case and let’s defend together your right to a better life.
Sources
USCIS – Temporary Protected Status
Other Resources
How to obtain a Green Card in the United States – Updated Guide
What to do if you have a deportation order?
What are the reasons to deport a person from the United States?
How to avoid deportation in the U.S.: the complete guide
Immigration Form 42B: the remedy for cancellation of removal in the U.S.
Classification of Deportations in the U.S.
What is a Migratory Waiver and how should I apply for it?
What is an I601 Waiver and what is it for?
How long does it take to resolve a deportation appeal in the United States?
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