US Immigration Law is a very complicated type of law, therefore, at the request of the majority of readers who need to be knowledgeable and understand this law, the editorial board of Nguoi Viet Daily News invited Attorney Darren Nguyen Ngoc Chuong of Nguyen & Luu Law Firm, NguyenLuu.comin charge of the “Understanding Immigration Law” column, published weekly on Nguoi Viet. Attorney Darren Nguyen Ngoc Chuong is the first and only Vietnamese in Orange County, California, to be recognized by the California State Bar Association as a specialist in US Immigration Law. Currently, California has over 195,000 attorneys but only 257 attorneys have a professional degree in Immigration Law, including Attorney Darren Nguyen Ngoc Chuong. Attorney Darren Nguyen Ngoc Chuong used to work for the US Immigration Service (INS). Attorney Darren Nguyen Ngoc Chuong has extensive experience in preparing applications and completing the necessary documents to be approved by the Immigration Service.
Darren Nguyen Ngoc Chuong, Esq.
What to do if you are being abused by your spouse? This is a question we get asked quite often. In this case, it depends on whether or not the victim has a two-year green card.
If you don’t have a two-year green card yet
If the victim does not already have a two-year green card, the victim may file Form I-360 to sponsor herself without her spouse under the Violence Against Women Act (VAWA). Although women make up the majority of applicants for benefits under VAWA, a large number of men are approved.
To be eligible for VAWA benefits, an applicant must qualify as a relative. That is, the applicant must demonstrate that (1) they are the spouse or child of an abusive spouse, (2) they have suffered extreme violence or cruelty from their spouse, and (3) the applicant must be of good character.
Under VAWA, applicants do not have to prove they would suffer extreme hardship if returned to their home country and applicants do not have to remain in the abusive marriage as long as the applicant files within two years of the divorce and the divorce was due to abuse.
The I-360 petition can be approved by USCIS without an interview if the petition is filed with sufficient evidence to demonstrate the three conditions listed above. Once the I-360 petition is approved, the victim must file Form I-485 to apply for a green card.
If you already have a two year green card
If the victim has a two-year green card and is being abused by their spouse, the victim can file Form I-751 to apply for a 10-year green card on their own. The victim must prove that the marriage is bona fide and that the victim or their child is being abused by the “sponsor.”
There is no requirement that the couple be divorced. The USCIS has clarified that this exemption applies to victims of any threat of violence by the “sponsor.” Mental or sexual abuse, rape, and forced prostitution would be considered abuse.
USCIS will accept any evidence that proves the abuse. This includes a medical or psychiatric report. The I-751 must be filed with specific evidence that the marriage between the victim and the “petitioner” is bona fide.
Normally, applicants for a 10-year green card must be interviewed by USCIS before the case is decided, unless the interview is waived.
On November 30, 2018, USCIS issued new guidance regarding interview waivers for Form I-751. This new guidance specifies when USCIS officers may consider an interview waiver decision for a 10-year green card application.
This new guidance goes into effect on December 10, 2018, and applies to all 10-year green card applications received by USCIS on or after December 10, 2018.
Under USCIS guidance dated November 30, 2018, applicants for Form I-751 must be interviewed by USCIS. However, USCIS officers may consider waiving an interview if they are satisfied that the case meets the following four requirements:
-The first rule is that USCIS can make a decision based on the record because the record contains sufficient evidence of the bona fides of the marriage and the applicant did not enter into this marriage with the intent of evading U.S. immigration law. According to this rule, if the applicant submits sufficient evidence to prove that the applicant’s marriage is bona fide, the applicant meets this rule.
-The second rule is for applications for 10-year green cards filed on or after December 10, 2018, for which the applicant has been interviewed by USCIS. According to this rule, applicants who file for adjustment of status to permanent resident (Adjustment of Status) and receive a two-year green card are considered to have been interviewed by USCIS. Applicants who receive a two-year green card due to entering the United States as a spouse are required to be interviewed when applying for a 10-year green card because those applicants have never been interviewed by USCIS. USCIS makes it clear that applicants who have been interviewed by a US Consulate in the past are considered to have never been interviewed by USCIS.
-The third rule is that there is no evidence of fraud on the I-751 form or in the evidence submitted.
-The fourth rule is that the case does not have any complex issues that require an interview to address USCIS concerns.
When the applicant meets the four requirements listed above, USCIS can waive the 10-year green card interview. If the applicant does not meet one of the four requirements, an interview is required.
Visa bulletin
At the request of our readers, here is the visa information for September 2024.
Priority 1 – priority date is October 22, 2015, which means priority is given to unmarried children over 21 years old of US citizens.
Priority 2A – priority date is November 15, 2021, which means priority is given to the spouse, husband, or unmarried children under 21 years of age of permanent residents.
Priority 2B – priority date is May 1, 2016, which means priority is given to unmarried children over 21 years old of permanent residents.
Priority 3 – priority date is April 1, 2010, which means priority is given to married children of U.S. citizens.
Priority 4 – priority date is August 1, 2007, which means the priority is given to brothers and sisters of U.S. citizens.
You can monitor the monthly visa bulletin yourself on the website of Nguyen & Luu, LLP at: nguyenluu.com.
For any questions, please contact: Attorney Darren Nguyen Ngoc Chuong or Attorney Luu Trong Cam Thuong of Nguyen & Luu Law Firm, LLP, address 1120 Roosevelt, Irvine, CA 92620. Phone (949) 878-9888.