by Kasey Husk
When we finished last time, the undocumented client of Eagan Immigration, “María,” had turned in all her paperwork for a Violence Against Women Act (VAWA) self-petition. María is applying for legal status based on the fact that her 23-year-old citizen son, Miguel, is psychologically and financially abusive. Hoping to get a green card and eventually citizenship is a years-long process, but Eagan's attorneys submitted María's petition within a month of agreeing to work with her, so she won't have to wait as long as clients of other immigration lawyers. Here is what is coming.
First step of the waiting game: Maria receives the prima facie decision
From the very beginning, Maria's lawyer warned her that U.S. Citizenship and Immigration Services (USCIS) is taking an average of 33.5 months to make a final decision on VAWA petitions. Because Maria is anxious about Miguel's reaction if he finds out she is applying for legal status due to having suffered abuse, she decides to receive her mail at the Eagan office instead of her home. That means a few months later, it is an Eagan partner who calls her to give her some good news: USCIS has issued her a Prima Facie decision. This document means that USCIS has reviewed Maria's application and, although it has not yet been approved, the agency agrees that she meets all the requirements for future approval. With this document, Maria becomes eligible for a variety of assistance that was never available to her before, including food and housing aid. While she is doing fine right now, she relaxes with the knowledge that she now has access to a support network if that changes.
Step 2: María becomes eligible to work legally in the United States and travel outside the country without fear.
At the same time that María's VAWA petition was submitted, the step was also taken to file an I-765 employment authorization application and an I-131 travel authorization application. These two applications are very important: the first gives her documentation to work legally in the United States, while the second offers her advance parole, which means she can leave the country without fear of being denied reentry. Even better news for María? These two applications are much faster. Usually, applicants can expect a response between six and 12 months after applying for their I-765 and I-131. In María's case, she receives the miraculous call about seven months after applying. She is thrilled to learn that she has received her Employment Authorization Document and that Advance Parole has been granted to her.
Although Maria still has some waiting left, these two documents change her life. She leaves the poorly paid job she has had for years, instead using her work permit to find work that offers better pay and a more reasonable schedule. When her mother in Mexico falls very ill, Maria rushes back to her hometown and is by her side as she recovers. Most importantly, Maria realizes that a weight has been lifted off her shoulders: she is no longer terrified that she will be deported whenever she sees a police officer on the street.
Step 3: Maria's VAWA petition is approved!
Less than three years after Eagan Immigration submitted María's VAWA petition, she receives the news that her petition has finally been approved! María was warned from the beginning that USCIS sometimes issues a Request for Evidence—meaning that it requires applicants to provide more evidence of the abuse they have suffered—but Eagan's thorough approach made it unnecessary in this case. María cries tears of relief when a member of the Eagan team calls her to give her the good news. Because her immediate relative/abuser, Miguel, is a United States citizen, María and Eagan Immigration were able to apply for permanent residency at the same time they submitted her VAWA petition. Now she only has to wait to adjust her status.
Step 4: Maria receives her green card!
Upon receiving the notification of her VAWA petition approval, Maria only has to wait a little longer to become a lawful permanent resident of the United States. In many cases, immigration attorneys wait until receiving the VAWA approval before submitting the I-485 application for permanent residence, but Eagan does this at the same time. As a result, about 15 months after celebrating her VAWA approval, Maria finally receives her green card.
Step 5: In the end, Maria becomes a US citizen!
After five years as a lawful permanent resident in the United States thanks to her VAWA approval, María is eligible to apply for naturalization as a U.S. citizen. It is a moment that for many years seemed impossible to her because she had entered the United States without inspection more than 30 years prior. However, with Eagan Immigration guiding her through every step of the process, her dreams have become reality. Eagan helps María fill out her naturalization application and provide all the documents she needs to prove that she has lived continuously in the United States, is a woman of good moral character, and has met all other requirements. On the day María raises her hand to take the oath of allegiance to the United States, all the staff at Eagan support her in spirit, cheering her on.
Every immigrant's story and circumstances are different. However, Eagan Immigration has already helped more than 1,500 people obtain legal status in the United States through various pathways, the primary one being VAWA petitions. That means we have seen almost everything when it comes to VAWA cases and we know how to handle them. For people with many entries and exits to the United States or an old deportation order, waivers of inadmissibility or motions to reopen old cases may be necessary. However, whatever the situation, Eagan Immigration is in a position to give you the most current information on what your best options are for success.
Are you interested in knowing if you can go from being an undocumented immigrant to a U.S. citizen, like Maria?
Call us at 202-709-6439 o click here for a consultation directly with attorney Lauren Eagan.
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