Asian Journal- The Filipino-American Community Newspaper

Question: Who qualifies for self-petition and cancellation of removal under Violence Against Women Act (VAWA)?

Answer: The following qualify for self-petition and cancellation of removal:

• Abused spouse, former spouse, or intended spouse of a US citizen or lawful permanent resident.
• Abused child of US citizen or lawful permanent resident.
• Non-abusive parent of a child who was subjected to domestic violence or extreme cruelty by a US citizen or lawful permanent resident parent.

Answer: The following battered immigrants do not qualify for self-petition but may qualify under VAWA cancellation of removal:

• Abused spouse who was divorced for over 2 years from the abuser;
• Abused spouse of a lawful permanent resident who has died or any abused children of a US citizen or lawful permanent resident parent who has died.
• Parent of an abused child who was never married to the child’s abusive US citizen or lawful permanent resident parent;
• Abused stepchild whose immigrant parent has been divorced from the abusive parent for over 2 years;
• Abused spouse or child whose citizen parent gave up citizenship or lost lawful permanent resident for over 2 years;
• Victims of incest or child abuse who were abused while they were under 21 but failed to file self-petition and who are now over 21 years;
• Victims of child abuse who cannot establish that they have resided with the abuser.

Answer: The following are required to cancel removal:

• Battery or extreme cruelty of the US citizen or Lawful Permanent resident spouse or parent.
• Three years of continuous presence in the US;
• Good moral character of applicant;
• Extreme hardship if she or her child or her parent is deported.

On March 17, 2010 we received an approval in Immigration Court of adjustment of status for a conditional residence whose status was terminated before.

On January 5, 2010, we received an approval in Immigration Court of an adjustment of status based on good faith marriage despite an age difference of 18 years.

We recently received a grant of asylum for the son of a victim of kidnapping by the NPA in the Philippines.

On Dec. 7, 2009, our client Ms. E was approved for a waiver of misrepresentation in the Immigration Court. She has a US citizen mother and daughter and she has been in the US for 17 years. In another case, on October 29, 2009, our request for waiver of misrepresentation for entering as single but actually married for our client Mr. D in Fresno, CA was approved by the Immigration Judge. He is the son of a US citizen and he has been in the US for 20 years. Mr. D was approved for Naturalization later.

Petitioner’s death is not a problem if the beneficiary is in the US when the petitioner died and at the time of adjustment of status.

Abused spouse of US citizen or permanent residents can self petition even if there is a problem with the entry documents.

Denied I-751 application to remove condition on residence may be renewed in Immigration Court.

Applicants for adjustment of status through marriage are being separately interviewed if there is a wide difference in age, education, language, or suspicions in the application filed.

Income tax filing is required in the proposed legalization. Individual Tax Identification Number (ITIN) can be used for filing tax returns and is required before bank accounts can be opened. It is also needed by employers to charge to expense payment for contractual job. Our office assists clients in obtaining ITIN.

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Crispin Caday Lozano is an active member of the State Bar of California and he specializes in immigration law. His offices are located at 17057 Bellflower Blvd. Suite 205, Bellflower, CA 90706 and 1290 B Street, Suite 205, Hayward, California 94541 and at 777 N. First St., Suite 333, San Jose, CA 95112. You can contact him at telephone (562) 461-1355 and (510) 538-7188.

( www.asianjournal.com )

( Published March 31, 2010 in Asian Journal Northern California p. B4 )