All posts by Cheng, Cho, & Yee, Immigration Lawyers

Immigrant Victim of Domestic Violence? Here’s How You’re Protected

domestic violence words shows on a blackboard, with a law gavel

Under the Violence Against Women Act (VAWA), immigrants who are victims of domestic violence can request legal status in the U.S. when they cannot depend on abusive spouses or other family members who are legal permanent residents or U.S. citizens. 

domestic violence words shows on a blackboard, with a law gavel

Additionally, the International Marriage Broker Regulation Act (IMBRA) requires the U.S. government to enable foreign spouses and fiancés or fiancées to access information about the legal rights available to them along with their abusers’ domestic violence or criminal histories. Under IMBRA, immigrant victims of domestic violence can learn how to continue the immigration process without the help of the abusive party. 

What Is Considered Domestic Violence?

Incidents of domestic violence involve an intimate partner or spouse abusing or threatening the other. This violence could entail physical abuse, along with emotional abuse, forced sexual relations, or immigration- or economic- related threats. Victims of domestic violence could include both men and women. 

Instances of child abuse, sexual assault, and other serious crimes all count as domestic violence. All types of domestic violence are illegal in the U.S., and victims of this abuse have the right to legal protection from abuse, regardless of their immigration status, race, gender, age, or other traits. It’s crucial for victims of abuse to seek this protection as soon as possible, which could help prevent future abuse.

Protections for Immigrant Victims of Domestic Violence

All individuals living in the U.S., regardless of status, can seek protection from the law against domestic abuse of any kind. Abuse victims have the right to request and access a protection order for themselves and their children, and they can seek divorce or legal separation without the need for the other partner’s consent. 

Additionally, victims of domestic violence have the right to share certain types of marital property. They can also ask for custody of their children, along with financial support from the other partner.

Steps That Victims Can Take to Prevent Further Abuse

Following an incident of domestic violence, victims can call the police to request assistance and request a protection order against the abuser. The police may choose to arrest the alleged abuser, which could include a fiancé/fiancée, partner, spouse, or another individual suspected of committing a crime. 

Abusers may attempt to accuse the abuse victim of a crime, but victims still have rights independent of their immigration or citizenship status. For example, they can:

  • Consult with a lawyer
  • Choose to remain silent until a lawyer is present
  • Speak in their defense

Domestic violence victims also have the option of securing a restraining or protection order with a court through legal service offices, courthouses, women’s shelters, or police stations. These court-issued orders could prevent abusers from contacting the abuse victim, their children, or other members of the family. In the event of an abuser violating this order, individuals can call the police to have the abuser arrested. 

Immigrant victims of domestic violence may also contact both a criminal lawyer and immigration lawyer for representation. 

Immigration Options Available to Abuse Victims

Immigrants in the U.S. have a few options available to them if they want benefits following domestic violence. Abuse victims benefit from confidentiality when applying, which helps make sure the abuser won’t become aware of the application.

The three options that immigrant victims may apply for include:

  • U-nonimmigrant status for crime victims
  • Cancellation of removal through VAWA
  • Self-petitions for legal status through VAWA

However, individuals must keep in mind that each of these benefits comes with unique requirements they will need to meet. To better determine how to meet these requirements, abuse victims may want to speak with an immigration attorney that’s familiar with their situation.

How Else Does the U.S. Government Provide Protection and Information About Rights?

IMBRA is an act that made it a requirement for the American government to provide access to information about legal rights and protection for all victims of domestic violence. 

Abuse victims can request information under IMBRA through an in-depth pamphlet that details all the services and laws that can protect them in the event of abuse. U.S. Citizenship and Immigration Services (USCIS) developed and distributes this pamphlet to provide sufficient information to individuals who want to learn more about the protections available to them and their families.

If an immigrant suffers domestic abuse at the hands of their spouse or another person, they still have the chance to preserve or change their immigration status while seeking protection from their abuser. Like every other resident and citizen of the U.S., immigrant abuse victims can petition for protection orders and seek services to keep them safe. This is why it’s important for victims to seek help from the police, attorneys, and other services immediately after an instance of domestic violence.

Travel Bans May Soon Be Lifted for Fully-Vaccinated K-1 Visa Applicants

Business concept about K-1 Visa Checklist with phrase on the sheet.

Starting in early November, the Biden Administration intends to lift travel bans for all international travelers entering the U.S., provided they’re fully vaccinated. This includes K-1 visa applicants entering the country as fiancées of U.S. citizens.

Business concept about K-1 Visa Checklist with phrase on the sheet.

Requirements for K-1 Visa Applicants and Other Foreign Travelers

Currently, there are regional travel bans pertaining to the COVID-19 pandemic. These apply to some foreign nationals traveling to the U.S. from countries and regions such as the Schengen Area, Iran, China, Ireland, the U.K., India, South Africa, and Brazil. With the new change under the Biden Administration, all international travelers will need to provide proof that they have received a full vaccination against COVID-19 by early November. 

This is great news for many travelers, including K-1 fiancée visa applicants who may have been separated from their fiancés/fiancées for long periods of time throughout the pandemic. 

In addition to being fully vaccinated, travelers will need to take a COVID-19 test no later than three days of traveling to the U.S. via plane, and the test results must be negative. The Centers for Disease Control and Prevention (CDC) has listed the recommended vaccines as those that are approved by the U.S. Food and Drug Administration and World Health Organization for emergency use. These vaccines include the Moderna, Pfizer-BioNTech, and Johnson & Johnson/Janssen vaccines.

According to the CDC, a person is fully vaccinated two weeks after their second dose of a two-dose vaccine or the single dose of a one-dose vaccine. 

Exceptions to the Restrictions

For some international travelers, the travel restrictions related to COVID-19 may not apply. Individuals who may still enter the U.S. without being fully vaccinated include children, individuals who are unable to access the vaccine in time before entering the country for an important reason, and participants of COVID-19 vaccine clinical trials.

However, travelers who match these descriptions may still need to be vaccinated upon arriving in the country.

Contact Tracing Efforts

The CDC also intends to launch a Contact Tracing Order, requiring airlines to gather critical contact data for all passengers entering the country. The airlines will then need to send that information as soon as possible to the CDC when the organization requests it. 

With these travel restrictions in mind, fully vaccinated K-1 visa applicants and other immigrants and non-immigrants will be able to enter the U.S. after the current bans are lifted.

Fiances of US Citizens Are Facing Fewer Barriers to Entering the United States

As the effects of the pandemic begin to subside for immigrants, foreign fiances are likely to benefit from fewer travel restrictions when entering the U.S. The country suspended routine visa services for immigrants in 2020, with the White House issuing restrictions that would prevent some immigrants and nonimmigrants from entering the country. However, some of those restrictions are soon to end. 

Allowing Fiances to Enter the Country With Normalized Services

Across the globe, U.S. embassies and consulates have begun reintroducing normalized visa appointment services. In the process, U.S. consular posts have started placing fiances and spouses of American citizens as a top priority when scheduling visa interviews. Some foreign nationals are also allowed to enter the country even with COVID-19 proclamations still in place. In turn, foreign national fiances and spouses of American citizens are able to enter the country more easily.

Using a Tiered System to Process Applications

The U.S. Department of State decided to implement a tiered approach to visa application processing, with the goal to help improve its efficiency. The tiers are currently as follows:

Tier One

Tier One is reserved for immediate relative intercountry adoption visas, some Special Immigrant Visas such as Afghan and Iraqi nationals working with the American government, age-out cases in which applications will no longer qualify because of their age, and certain emergency cases.

Tier Two

Tier Two covers visas for fiancees or fiances, returning residents, and immediate relatives.

Tier Three

In this tier, the government issues family preference immigrant visas, along with SE Special Immigrant Visas that apply to some employees who work for the American government abroad.

Tier Four

This tier applies to all other immigrant visas such as diversity visas and employment preference visas.

Exemption from COVID-19 Proclamations

Currently, COVID-19 proclamations don’t apply to lawful permanent residents and spouses of U.S. citizens. As of April, the Secretary of State has issued a national interest exemption for all K-visa applicants. This means that despite the backlog resulting from the pandemic and the restrictions in place, the U.S. government is attempting to bring more immigrant families together by removing some of the barriers previously in place for immigrant fiances and spouses. As the government continues to ease restrictions, these individuals are likely to have an even easier time gaining entry into the U.S.

How Immigrants Can Get Their Social Security Cards Through USCIS (And Why They Should)

The U.S. Department of Justice (DOJ) made an announcement in September that noncitizen immigrants would be permitted to request new or replacement Social Security cards using U.S. Citizenship and Immigration Services (USCIS) Form I765 or I-485. Normally, non-U.S. citizens would have to visit their local Social Security Administration (SSA) office to apply for a card. Applicants should be able to receive their new or replacement cards within two weeks of receiving their Employment Authorization Document.

Applying for a Social Security Card Through USCIS Forms

Noncitizen immigrants would typically need to visit their local SSA office to begin the application process for a new or replacement Social Security card, but the new method enables them to bypass this step entirely if needed. Instead, immigrants can apply via Form I-765 or I-485, depending on their needs. However, this process isn’t currently available to immigrants who have gained citizenship in the U.S.

Immigrants may want to apply for a card under the following conditions:

  • The applicant hasn’t been assigned a Social Security Number (SSN) and would like to apply for one
  • Individuals want a replacement for a Social Security card that has been damaged, lost, or stolen
  • Individuals have undergone a legal name change and want this reflected on their card
  • Applicants want to switch out a “restricted” card for one that’s “unrestricted”

Any of these circumstances warrant the process of applying for a card using one of the new USCIS forms.

How the Application Process Works

If individuals don’t want to visit their local SSA office, they can avoid doing so when they apply for a Social Security card using either Form I-765 or I-485. After USCIS approves either form, the agency will send SSA information from the form. SSA will then be responsible for assigning a new SSN or sending a replacement Social Security card.

How Long Do Applicants Need to Wait to Receive the Card?

In most cases, applicants who use this process to apply for a new or replacement Social Security card will receive the card within two weeks following receipt of the Employment Authorization Document through Form I-765 or their Permanent Resident Card after the approval of Form I-485. 

If noncitizen applicants urgently need a new or replacement card, this new method may not get them their card as fast as they would prefer. This is because the SSA will only assign a new SSN or send a card after USCIS has approved either application form. In these cases, applicants should visit their local SSA office to apply for a card in person, which could help speed up the process.

To find their local SSA office, individuals can use the SSA’s office locator tool on their website.

Other Potential Options in the Future

At this time, the USCIS forms and visiting an SSA office are the only two methods for noncitizen immigrants to apply for a Social Security card. However, this is soon to change with a partnership between USCIS and SSA, which will enable individuals to apply for an SSN when they apply for citizenship through Form N-400.

The goal of this partnership is to give nearly 1.3 million immigrants every year the chance to work with both USCIS and SSA together and eliminate the need for all noncitizen immigrants to visit SSA offices or card centers to apply for a new or replacement card. While the partnership has managed to automate processes for individuals applying with Form I-485 and I-765, opportunities will soon open up for anyone who wishes to apply for citizenship.

How USCIS and SSA Work Together

Both of these agencies share information along with educational materials with their customers, which allows for more collaboration to offer more services and benefits to noncitizens. For instance, SSA’s goal is to expand communications that would make immigration services such as enumeration available to new U.S. citizens and lawful permanent residents.

Ultimately, this partnership is already beginning to help automate various processes, beginning with this new method for applying for cards through Forms I-485 and I-765. The move also comes at a time when people are still wary about visiting public facilities due to the ongoing pandemic, which has led to quarantines and the temporary shutdowns of certain government facilities in the past. 

As automation continues, other processes when applying for certain documents and citizenship could become more efficient for noncitizens over time. This would help make the transition easier and more efficient for everyone involved, including USCIS, SSA, and other agencies through collaborative efforts.

If immigrants want to avoid the need to visit a physical office, the current method of applying for Social Security cards gives them the opportunity to skip this requirement for increased convenience.

Reviving the American Economy: Is Mass Immigration the Solution?

two U.S. visa pages and one pen

Following a period of restrictions under the Trump administration, mass immigration may help revive America’s economy, along with its politics and culture. Specifically, certain changes in demographics, trends in the labor market, and other factors have led experts to believe that mass immigration is a viable solution to renew the country. 

two U.S. visa pages and one pen

The Perceived Threat of Increased Immigration

Critics of mass immigration claim that immigration has a generally negative effect on various facets of American life, including its politics and economy. Oftentimes, they believe that immigrants deprive native-born American workers of employment opportunities, despite the fact that locations with the largest number of immigrants are more likely to progress overall compared to areas with smaller immigrant populations.

What Demographic Trends Reveal

Some demographic changes have further shed light on the issues resulting from restricted immigration. With increasing life expectancies and decreasing birth rates, mass immigration can be invaluable in helping the U.S. economy grow. This is because if the immigration rate decreased dramatically in the years ahead, data shows that by 2060 there would be a mere two working adults for every retiree. As a result, workforces would be diminished.

Ultimately, the number of immigrants seeking residence and citizenship in the U.S. is going to increase, especially with factors such as climate change and the crisis in Afghanistan leading more people to emigrate to the U.S. In the process, the economy and other aspects of American life are likely to see a gradual improvement over time.