The journey to any immigration goal starts with a first step. Although victims know they need professional advice, they resist entering the law firm of an immigration attorney. Retelling their horrors seems like an impossible task.
Whether harm was suffered through abuse or persecution, an immigration professional can only help the foreigner if she is willing to help herself. Make the call. Tell the story. Allow the Immigration Attorney at Blandon Law to do the rest and help you to obtain residency based on past harm or abuse.
At Blandon Law, we assist victims of violence, abuse and persecution by providing confidential one-on-one consultations. It is understood, accepted and assumed that a victim will have a difficult time reliving these events. For that reason, there are no additional fees because a victim needs to schedule several consultations. The Firm also recommends mental health professionals to assist victims with the consequences of the harm they suffered. Finally, the Firm works hand in hand with these professionals to develop the evidence that will be used to obtain the immigration benefit.
Victims can obtain legal permanent residence through various laws. Under the Violence Against Women Act (VAWA), a spouse, parent or child who is subject to extreme cruelty or is battered may file a self-petition for Lawful Permanent Resident (LPR). Abused spouses of Cubans – who obtain LPR through the Cuban Adjustment Act – need not live with their abusers if they are not yet divorced. They can also self-petition for residency based on past harm or abuse if the abuse was the cause for the divorce.
When a victim is being deported, she may also be eligible for residency by applying for cancellation of removal. The abuser must be a spouse or parent who is or was a citizen or LPR. The parent of a child who was victimized can also become a resident through cancellation.
Likewise, an asylee who has lived in the United States for one year can apply for resident status. Several requirements for residency do not apply to victims and asylees. These include the affidavit of support and the requirement that the foreigner must maintain lawful presence prior to becoming a resident. Contact the Immigration Lawyers at Blandon Law if you have any questions on Residency Based on Past Harm or Abuse.
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