As we welcome into the new year of 2019, many immigration policies and customs have changed under the current administration. The administration’s focus on the zero-tolerance policy goes beyond illegal entry and illegal immigration. There is a crackdown on multiple areas of immigration, making it harder for people to be legal in the United States than it was before.
A few noticeable changes include:
1. New Deportation Guidelines: A Notice to Appear (“NTA”), is a document that signals the start of removal proceedings against you. If you receive an NTA, it means that you must appear in Immigration Court on the date specified or at a date to be determined in the future.

2. Denying Applications for Immigration Benefits without Notice: Previously, USCIS would provide applicants and petitioners, with a courtesy letter explaining to the person that they needed more information or that there was something missing as simple as a birthdate. The applicant usually had about 87 days to then respond to the RFE or NOID and your application would continue to be processed.  

3. Marriage Applications: When applying for immigration benefit based on a marriage, Immigration Services require you to provide additional documentation to prove that you have a “bonafide relationship.” This meaning the relationship/marriage that you claim is true and real and not fraud in an attempt to gain immigration benefits such as a green card or permanent residence.

4. Expiration of Temporary Protected Status ( TPS) Applicants: Over 200,000 immigrants have permission to live and work in the United States under their temporary protected status. TPS is a temporary benefit that does not lead to lawful permanent resident status or gives any other immigration status. Current TPS beneficiaries from El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, Sudan, South Sudan, Syria, and Yemen are all under this protection. The administration has declared they will not renew the program for El Salvador, Haiti, Nicaragua and Sudan and will lose protection this year.  

Now is the best time to get information as to what you can and cannot do about your status and prepare for your future in the USA.  Call us, we can evaluate your case.

DEPORT THEM, A CHILD TOLD US! That is what a 10 and 15-year-old girl waiting in our reception told us when asked what ICE should do with the children arrested with their parents at the border.  Our office team had brought this discussion while we choose an important topic for the week.
We later found out the 15-year-old girl who said, “Deport them”, was undocumented and she didn’t even know it.  Apparently, her parents had kept it a secret.
Reports of children, who have been released, have come forward about their treatment under the supervision of the government, they’ve explained how they were kept in freezing cold rooms so that they wouldn’t fuss and be too troublesome. These children under the age of 18, mostly from the ages of 3-10, were told they cannot look, touch, cry and run. They had to scrub the bathroom, had to make their beds with the instructions on the wall and were forced to be up every day at 6:30 in the morning and had to get in line in order to receive any food or any items to support themselves during their stay.
Perhaps, any parent will like their children to do these chores and get up early and do their chores, but would they want their children kept in cages like to force them to do it? What about the traumatic experience, that will be carried by these youngsters for life? What about the message to other countries we send by treating children like this?
Under the 1997 Flores Settlement Agreement, the government has the following obligations with minor children’s arrests:

 All the things mentioned above and many more are the responsibilities of a government when they find any child who was not accompanied by an adult, parent or guardian. The government is supposed to engage in attempting to find a family member or if there is no one, partner them with a sponsor who’s willing to take children who are found at the border.
At Mercedes Cano we are here to help you. To have your case reviewed by our office, please contact us at 718-505-8506 or please fill out our Contact Form.
Please follow us on social media Facebook, Twitter, YouTube or sign up to our email list where we shall further update you on the latest immigration news.
Photo took from: https://www.hispanidad.com/confidencial/trump-es-inocente-las-fotos-de-ninos-enjaulados-son-de-2014-mandando-obama_12002233_102.html

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In order to find success in love you have to get out of your comfort zone. It turns out, sometimes this means getting outside of your time zone too. Our society today has many long distance relationships (LDR) whether it is because:

  1.   Your spouse is in the Military Service (ex. Navy, Army, Coast Guard, Marines, Air Force)
  2.   Different state because of better employment for their field of work
  3.   Employment Contract or other job commitments
  4.   Educational Purposes (ex. University acceptance, college dorming, etc.)
  5.   Different Country because you both met online & still have commitments in that country.

The study, published in the Journal of Communication, found that men and women in long distance relationships were more likely to share meaningful thoughts and feelings than those who were not. They also tended to idealize their partners’ behaviors, leading to a greater sense of intimacy.
So with the support of researchers and statistics in support of long distance relationships, what is the problem with immigration?
Well technically there is no problem. If you apply for a spouse via Immigration Services (USCIS), you only have to provide a few documents to show your marriage is legitimize including:

 

 

If you have all of the evidence listed above or more, you should be fine but what if you don’t have any joint bills or supporting evidence to show you live together. Or you live in a room together and no sublease?
Immigration Services will require you to provide additional documentation to prove that you have a bonafide relationship. But when the relationship is long distance, we are able to provide the government with supporting documentation to support the fact that you are committed to your marriage despite the distance.
In our efforts to show such a bonafide relationship we have to gather phone and text message history; sworn affidavits of people that have personally observed the couple, a will, life insurance, and the couple’s future plans together, like searches for employment in one of the spouse’s state, school search in an attempt to find similar options for the student spouse, if that is the case.
But regardless of the above, the word that will keep being asked during the interviews with Immigration is COHABITATION.
Remember the word because you will be hearing it during your entire immigration process especially when it comes to the interview process. Cohabitation is about future plans and what are you doing as a couple to make those plans become a reality. Without the proper documentation, your petition will be denied simply because you did not provide enough documentation or testimony the day of the interview.  
Not physically living together, not having any joint bills or bank accounts will need a serious and logical explanation as to why everything is not joint- dual on why you have yet to cohabitate. You will be hard press to show future plans to cohabitate.
Remember, a married couple residing in a different state or country, while a petition is under consideration, may become complicated enough for the government to deny it.  The issue of separate cohabitation is relevant, in determining the intent of the spouses at the time of the marriage.
Due to our current number of clients living separate, we have become really good at sorting this type of problems, tackling them at submission and preparing the couple for the interview.  Please contact us for your case.
At Mercedes Cano we are here to help you. To have your case reviewed by our office, please contact us at 718-505-8506 or please fill out our Contact Form.
Please follow us on social media Facebook, Twitter, YouTube or sign up to our email list where we shall further update you on the latest immigration news.

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Wescley Fonseca Pereira entered the United States a tourist visa in June 2000 and able to legally to stay until December 21, 2000. Pereira overstayed his visa, and in May 2006, the Department of Homeland Security (DHS) personally served him with a Notice to Appear for a Removal Hearing. His notice did not specify the date and time of his initial removal hearing, but instead ordered him to appear before an immigration judge “on a date to be set at a time to be set”; when the immigration court set a date and time, it mailed Pereira a notice with such information but Pereira never received it, when Pereira did not appear for his removal hearing, an immigration judge ordered him removed in absentia.
Pereira was not removed and instead remained in the country, in March 2013, he was arrested for a motor vehicle violation and detained by DHS, through his Attorney, Pereira filed a motion to reopen his removal proceedings, claiming he had never received the hearing notice with the time and place, although Pereira conceded that he could be removed, he sought relief in the form of cancellation of removal the provision that gives the Attorney General discretion to cancel the Removal of a Non-Permanent Resident Alien if the alien meets certain criteria, including ten years of continuous physical presence in the United States. This continuous period ends “when the alien is served a Notice to Appear”, given by USCIS. Pereira contends that because he did not receive notice of the time and place of his removal hearing, his presence in the country was continuous and over ten years under the statute.
A Notice to Appear (“NTA”), is a document that signals the start of removal proceedings against you. If you receive an NTA, it means that you must appear in Immigration Court on the date specified or at a date to be determined in the future. The Department of Homeland Security (DHS), at least in recent years, have served noncitizens with notices that fail to specify the time, place, or date of their initial removal hearings.
During the Supreme Court decision Pereira vs. Sessions, Attorney General, it was decided that if a Notice to Appear (NTA) does not specify the time and place of the hearing, it does not trigger the “stop-time rule.” In an 8-1 decision authored by Justice Sonia Sotomayor, the Court reasoned that a “Notice to Appear” that does not include with specificity both “when” and “where” cannot reasonably be expected to result in a person appearing at their hearing. This is one of the rare times that the Supreme Court rules in favor of the immigrant and a victory for those who are in immigration proceedings including order or removal or deportation.
The “stop- time rule” defines when continuous residence or continuous physical presence ends and it can only end when either the alien commits a designated criminal offense or is served with a Notice to Appear (NTA) placing him/her in removal proceedings. There is a relief called Cancellation of Removal that if you have been in the United States for the minimum of 10 years, you are eligible for relief under the Cancellation of Removal. If your NTA does not specifically state the time, date, or place for your hearing, it would be as if you were never given an NTA, and deemed as if you were never here (if you entered without a visa and was never inspected) and can resume to the original date and year you arrived at the United States.
To be eligible for Non-LPR Cancellation of Removal, the alien must establish:

  1.   Has been physically present in the U.S. for a continuous period of at least ten years
  2.   Has been a person of good moral character during the past ten years;
  3.   Has not been convicted of certain criminal offenses
  4.   Has a U.S. citizen or lawful permanent resident spouse, parent or child who would endure exceptional and extremely unusual hardship if the removal was not canceled

An alien who has been placed in removal proceedings and has been living in the United States without legal status for a long time may be eligible for Non-LPR Cancellation of Removal.
If you were ever served with an NTA, ordered deported and did not leave the United States and believe you have a meritorious Cancellation of Removal, based on the decision of the Supreme Court, we may be able to go back to court, reopen the case and close your order of deportation. This is one of the many solutions we may be able to help you with. Contact our office for the best solution for you.
At Mercedes Cano we are here to help you. To have your case reviewed by our office, please contact us at 718-505-8506 or please fill out our Contact Form.
Please follow us on social media Facebook, Twitter, YouTube or sign up to our email list where we shall further update you on the latest immigration news.

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5 WAYS YOU CAN END UP IN IMMIGRATION PROCEEDINGS The U.S. government is using detention with increasing frequency as a means of dealing with undocumented or otherwise removable immigrants after their arrest. There are many reasons why someone can be detained by the Department of Homeland Security (DHS) and its enforcement arm, Immigration and Customs Enforcement (ICE).  Many of which you wouldn’t even realize including:
DRIVING UNDER THE INFLUENCE (DWI/DUI)
Driving under the influence or driving while intoxicated whether it is alcohol or drugs can lead to an arrest with immigration services. When arrested, fingerprints and photographs of you are taken and registered in the national database. At any moment you attempt to make an application for immigration benefit, for example for work authorization, visa renewal, asylum, adjustment of status, naturalization, your DUI/DWI record of arrest, criminal charges, and conviction(s) may affect the status of an immigrant in the United States. This record is permanent and will be referenced which could lead to a denial of reentry into the United States or removal or deportation from the United States.
DOMESTIC VIOLENCE
Under Section 237 of the Immigration and Nationality Act (I.N.A.), any noncitizen convicted after September 30, 1996, of domestic violence, stalking, child abuse, child neglect, or child abandonment, is deportable. It does not matter how long the person has held the visa or green card, committing such crimes at any time after being admitted to the U.S. is enough to make the person deportable. This holds for any crimes committed by a current or former spouse of the victim, a co-parent of a child, or anyone else who attempts or uses physical force against another person or property who is legally protected by the U.S Government.
Anyone convicted of an aggravated felony at any time after being admitted to the United States including domestic violence could lead to not only the removal of U.S grounds but also a permanent restriction to ever applying for immigration relief and could be punishable by at least one year in prison.
GOING TO A TERMINAL
Immigration authorities have already used tactics such as court arrests and subsequent deportation for immigrants just about to walk into court to plead their case before a judge. Now, they have set their sights on any type of terminals such as airports and busses. It’s been reported that immigration authorities have been waiting for passengers who are taking internal flights within the U.S such as New York to Florida or Texas to California, and flights coming into the U.S (Example: Mexico to Atlanta) by using the airport terminal boarding ramps or having multiple checkpoints on bus routes such as Greyhound and Amtrak. Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CBP) are able to put “immigrants on hold” and are no longer just targeting those who have a criminal record but those who have overstayed their visa and have a deportation order against them. They do this lawfully, due to their 100-mile zone rule, in which CBP agents may search any vessel, aircraft, or vehicle within 100 miles of any border for undocumented immigrants. They set up permanent and temporary checkpoints and have detained passengers who could not prove their legal residency in the United States. But, law enforcement agents cannot detain you unless they have reasonable suspicion and you are also allowed to remain quiet and decline to answer questions. Officers cannot use the person’s decision not to answer questions as reason for suspicion of any wrongdoing or make assumptions that they overstayed a visa or have an unlawful entry.
VIOLATING AN ORDER OF PROTECTION  
U.S. immigration law is harsh on individuals who have engaged in spousal or child abuse. Having a protection order issued usually won’t stop a person from naturalizing, but violating an order has serious immigration consequences. Any person who violates a restraining order is deemed deportable, it doesn’t matter how long the person has been in the United States or how long they’ve been a lawful permanent resident with a green card. When a person does something that violates an order of protection, including and not limited to police reports, text messages, affidavits, is served as proof of a violation and this violation can be used as a weapon in disputes, child custody battles, divorces and immigration status.
Violations of protection orders can also make an immigrant deportable under this section of the immigration law since a “protection order” is also issued to prevent domestic violence or threats.
FIGHT AT A BAR
Bar fights may seem harmless ….you’ve had too much to drink, and someone gets in your face, you are tipsy, and one thing leads to another and you are both fighting, perhaps it will end there, with a few hits being thrown and everyone going home, but if you are unlucky — or if things get out of hand — the police may be called, and it could lead to multiple criminal charges, you can be charged with the misdemeanor charges of disturbing the peace and battery, another serious charge is assault which is a misdemeanor unless a weapon is used. If you have a long history with misdemeanors it could lead to inadmissibility. Misdemeanors can bar ones eligibility for a visa or green card, if you have committed a crime (even only a misdemeanor and even if you were not formally convicted) and are (or plan on) applying for a green card or U.S. visa, it is best to seek the advice of an experienced immigration attorney for help in continuing with your application.

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Sources:
http://www.alllaw.com/articles/nolo/us-immigration/deportation-vs-inadmissibility-dui.html
FIGHT AT A BAR
https://www.chamberslawfirmca.com/charges-face-bar-fight/
GOING TO A TERMINAL
http://phelpsattorneys.com/immigration-arrests-at-airport-terminals/
https://www.nbcnews.com/news/latino/two-thirds-americans-live-border-zone-what-are-their-rights-n841141
VIOLATING an ORDER OF PROTECTION  
http://www.nydailynews.com/violating-domestic-violence-order-grounds-deportation-article-1.2953798
DOMESTIC VIOLENCE
https://www.nolo.com/legal-encyclopedia/is-immigrant-convicted-domestic-violence-deportable.html
 

Do any of the following people need to sign a Power of Attorney (POA)?

The answer is yes. They all do. A power of attorney is a legal document that allows you to name someone you trust to make financial, business and legal decisions on your behalf. It provides a convenient means of having your affairs looked after when you are away or simply unable to do so on your own.
Setting up a POA is very simple. You select someone you trust to handle your affairs when you cannot. You can keep it in a secure place where you and the trusted person have access to it. You could establish a POA that only happens when you are no longer capable of handling your affairs yourself – or one that goes into effect immediately so that the person of choice can act for you in your absence. This is known as Durable Power of Attorney and there are many different types that may apply specifically for you.  
One thing to remember is, your spouse does not automatically have your power of attorney over property, finances, or anything that is in your name only.
To set a legally binding power of attorney, the principal must have sufficient mental capacity when the document is drawn up. This means that he or she must fully understand the nature and effect of the document. POA’s can be canceled or revoked at any time simply by destroying the original document and preparing a new one, or by preparing a formal document stating that the previous document is void. Here is where an attorney is very useful.  In the case of a spouse, if something does happen to you, she will have to file applications in a court of law, to evaluate your mental state, if that is the case, or if you die, run to court to start a process to define who the owner of your business or estate is. This process, although doable, may cause delays and/or claims by the children or partners to the business.
What Happens If You Do Not have a POA?
POA’s are not just reassuring for you and your family but they become essential to protect your financial, your health and even your manner of dying. If you are bedbound and have no POA appointee to take control of the finances, estates or any personal affairs, your family will likely be forced into costly and time-consuming delays.
A Will Is Not a POA
Do not expect your will to serve as a substitute for a Power of Attorney. Wills take the role of distributing property, finances and adjust other affairs to those of whom you choose. POAs are in charge of making financial decisions in your place for when and if you ever become disabled. A health care proxy is a document that gives the person of your choice the authority to make health care decisions for you if you are unable to make those decisions for yourself.
The Bottom Line
Signing a POA does not deprive you of control over your personal affairs. Signing a POA does not deprive you of control over your personal life. It serves as a “back up” plan for if anything was to happen to you.  The document only holds power when it is needed. Choosing someone to hold your power of attorney and making decisions about your health, finances or personal affairs allows you to handle the situation without being able to.
There are multiple POA’s that may benefit you and your family best, come speak to us. We are here to answer all your questions and needs.
Sources: https://www.legalzoom.com/articles/what-is-a-power-of-attorney

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Cancellation of Removal is an immigration relief available to certain non-permanent residents and legal permanent residents that are removable or have been placed in deportation proceedings before an immigration judge. It is available to non-resident who has been in the United States for at least ten years, have an immediate relative that would suffer extreme hardship if they were to be deported, and have had good moral character during that period.
Cancellation of removal is available to a non-permanent resident if they meet the following conditions:

  1. The non-permanent resident has been physically present in the United States for a continuous period of not less than ten (10) years immediately preceding the date of such application;
  1. The non-permanent resident has been a person of good moral character during such period;
  1. The non-permanent resident has not been convicted of certain offenses and/or
  2. The non-permanent resident establishes that removal would result in exceptional and extremely unusual hardship to the alien’s spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence.

Cancellation of Removal is a discretionary form of relief; the judge ultimately decides if they will grant or deny the relief. Cancellation of removal is a relief that is extremely hard to obtain and may require the use of experts to support your case. It is important that the individual that is before the judge provides a substantial amount of evidence that proves that they meet the basic requirements and that they are worthy of obtaining a cancellation of removal.
If your cancellation of removal is denied you will be ordered removed or deported. If it is granted the judge will cancel the removal proceeding and will grant the individual legal permanent residence.
Legal Permanent Resident Convicted of Crimes
If a legal permanent resident has been convicted of certain crimes and has been put in removal proceedings they may be eligible for a cancellation of removal once you prove to the immigration judge that you meet the basic eligibility requirements.   The legal permanent resident must prove that:

  1. They have been continuously present in the United States as a legal permanent resident for at least seven (7) years,
  2. They were not convicted of a crime within the first five years as a legal permanent resident and
  3. They have not been convicted of an aggravated felony
  4. They have not received a cancellation of removal or 212 (c) relief in the past

In addition to the above stated requirements will need to submit substantial evidence that you meet the requirements and must prove to the immigration judge that you deserve the cancellation of removal despite having been convicted of a crime.

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In honor of Pride Month, we will be discussing adjustment of status for spouses of USC LGBTQ individuals. Adjustment of Status allows an individual, which has entered the United States legally and have overstayed their visa, to obtain their legal permanent residence in the United States without having to apply for their visa abroad.
After Obergefell v. Hodges, where the Supreme Court held that the fundamental right to marry is guaranteed to same-sex couples by the constitution, same-sex couples are afforded the same rights and benefits opposite-sex couples have, naturally this includes benefits under immigration law.
If you entered the United States legally and overstayed, in order for you to obtain your adjustment of status the United States Citizen spouse will first have to file an I-130 family petition on your behalf. After your family petition is approved you will be eligible to adjust your status in the United States and obtain your green card without ever leaving the United States.
As a part of your adjustment of status petition, you will have to prove to immigration that your same-sex marriage is bona fide. It is important to consider certain particularities that will probably arise in your petition.
Evidence of your Relationship
You will need to submit documentation that evidences your relationship and depending on the circumstances surrounding your relationship will choose which type of documentation to submit. For example, if your relationship was carried out in secret you may have less documentation to evidence that your same-sex relationship is genuine. Preferably you will submit photos that show you and your spouse as a couple and with friends and family. It is also advisable to submit letters of support from your friends as a couple and the family of the USC spouse that attest to the genuineness of your relationship. Additionally, you should submit any joint bills, accounts, credit card statements, assets, joint insurance benefits, or leases to evidence your bona fide relationship. If you do not have the above-stated evidence it is important that once you get married or have decided to file you start to accrue this documentation to evidence that your marriage is bona fide.
Prior opposite sex marriage
It is also possible that questions as to the validity of your current marriage will arise if you or your spouse were the previously married to a person of the opposite sex. There are many valid reasons as to why you or your spouse were previously married to a person of the opposite sex. You or your spouse could have “come out” later in life, due to the discrimination that many gay individuals faced in the recent past, or you or your spouse may be bisexual. This issue will undoubtedly be scrutinized and is highly recommended that you provide information regarding that prior marriage in the form of an affidavit. Through an affidavit, you will be able to provide a thorough explanation of the circumstances surrounding your prior marriage and the how you came to be married to a person of the same sex.
The goal of providing extensive documentation evidencing that your marriage is bona fide is to answer all the questions an officer may have regarding the particular circumstances surrounding your case. Another important point to highlight is that even though officers handling same the cases of sex couples have been trained to process applying the same standards that they apply to opposite sex marriages it is advisable that you hire an attorney that is versed in the applicable laws and policies to represent you during the filing and subsequent interview..
At Mercedes Cano we are here to help you. To have your case reviewed by our office, please contact us at 718-505-8506 or please fill out our Contact Form.
Please follow us on social media Facebook, Twitter, YouTube or sign up to our email list where we shall further update you on the latest immigration news.

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A U-Visa allows victims of certain crimes to stay in the United States legally. This visa was created to ensure that foreign victims of the eligible crimes to stay in the Unites States so as to provide law enforcement officials and prosecutors with the apprehension and prosecuting of criminals.
If granted a U-Visa you will receive an employment authorization document and you will be able to live in the U.S. legally for four years and after three years you can apply for a green card and stay in the U.S. permanently. Your family members may also be eligible to receive a U- Visa.
Eligibility Criteria:
You have to meet the following criteria to apply for the U Nonimmigrant Status (U-Visa):

  1. You must have been a victim of a “qualifying criminal activity” and the crime must have occurred in the United States or violated U.S. law. In certain crimes such as murder, indirect and bystanders may also be eligible to apply for a U-Visa.
  2. You must have useful information about the crime.
  3. You must be willing to cooperate with law enforcement.
  4. You must have suffered substantial physical or psychological abuse as a result of the criminal activity.
  5. You are admissible to the U.S. or you are applying for a waiver.

Certificate of Helpfulness
Furthermore, you will need a law enforcement official, be it a police officer or a prosecutor, to complete a “certificate of helpfulness”, Form I-918, Supplement B, on your behalf.  Certification will prove that you were indeed a victim of a qualifying criminal activity, you have information that is or will be useful for the arrest or prosecution of the perpetrator, and that you were or are willing to cooperate with law enforcement officials.
Substantial physical or mental abuse
Another important factor for your petition is proving that you have suffered substantial physical or mental abuse, merely being a victim of a qualifying crime is not sufficient. You will have to provide evidence such as affidavits and medical records that prove that you suffered a substantial injury.
Waiver if you are considered inadmissible to the U.S.
If you are considered inadmissible to enter the U.S. due to an immigration violation or any other barring reason you will have to file with USCIS an Application to for Advance Permission to enter the US., Form I-192. This form may work as a waiver to certain inadmissible grounds.  Please do check with an expert in this field to make sure you can apply and have your waiver granted.
Family members that may be eligible to receive a Derivative U-Visa
The following family members may be eligible to receive a Derivative U-Visa through Form I-918, Supplement A, Petition for Qualifying Family Member of U Visa Recipient:

  1. Unmarried children under age 21
  2. Spouse
  3. Parents (if principal petitioner is under age 21
  4. Unmarried siblings under age 18 (if principal petitioner is under age 21)

This application can be submitted with your petition or after it has been approved. Derivative relatives must also be admissible to the U.S. and must have good moral character.
Qualifying crimes:

  1. Abduction
  2. Abusive Sexual Contact
  3. Blackmail
  4. Domestic Violence
  5. Extortion
  6. False Imprisonment
  7. Female Genital Mutilation
  8. Felonious Assault
  9. Fraud in Foreign Labor Contracting
  10. Hostage
  11. Incest
  12. Involuntary Servitude
  13. Kidnapping
  14. Manslaughter
  15. Murder
  16. Obstruction of Justice
  17. Peonage
  18. Perjury
  19. Prostitution
  20. Rape
  21. Sexual Assault
  22. Sexual Exploitation
  23. Slave Trade
  24. Stalking
  25. Torture
  26. Trafficking
  27. Witness Tampering
  28. Unlawful Criminal Restraint
  29. Other Related Crimes*†

*Includes any similar activity where the elements of the crime are substantially similar.
†Also includes attempt, conspiracy, or solicitation to commit any of the above and other related crimes.
If you have been a victim of the above listed crimes you should commence your application process as soon as possible. Always remember that cooperation with law enforcement agencies will greatly improve your chances obtaining a Certification of Helpfulness, the first and most important procedural step in your path to obtaining a U-Visa, and eventually a U-Visa.
At Mercedes Cano we are here to help you. To have your case reviewed by our office, please contact us at 718-505-8506 or please fill out our Contact Form.
Please follow us on social media Facebook, Twitter, YouTube or sign up to our email list where we shall further update you on the latest immigration news.

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If you obtained your U.S. residence through a recent marriage your conditional green card is only valid for two years. To change your conditional green card for a permanent one you will have to file Form I-751, Petition to Remove the Conditions of Residence, 90 days before the two year anniversary of the date your conditional card was issued. In most cases this petition is filed jointly with your spouse, but under certain circumstances you will have to petition for the removal of you conditions on your own.
During the two years that you will have to wait for your conditional status many things can happen to a marriage. Divorce, death, domestic violence, and extreme hardship are all recognized reasons that allow you to file the I-751 without your spouse’s signature.
Divorce
If you are filing the I-751 without your spouse due to a divorce, it is imperative that this divorce must be finalized. It is extremely important that you file for divorce if your marriage has deteriorated beyond the point of reconciliation, because you do not know how long it will take for your divorce to be granted in your jurisdiction. In addition to a judgement of divorce, you will have to prove that the marriage was entered in good faith, reason why is of outmost importance that the preparation of your petitions for a green card are prepared by an expert immigration attorney who will protect you in case that the relationship does end before you are able to get your permanent green card.
Battery or Extreme Cruelty (Domestic Violence)
If you have been a victim of any act or threatened act of violence by your United States Citizen Spouse you may be able to file for your Petition to Remove the Conditions of Residence without a divorce. Acts of violence include, but are not limited to exploitation, forced prostitution, psychological or physical abuse, forceful detention, control and rape. It is extremely important that you document your good faith marriage and the abuse you endured. You will have to gather police reports, medical reports, witness statements, psychological evaluations, etc. Under this particular ground, USCIS is prohibited from informing the abusive spouse about your allegations in the application, but we advise you to speak with an immigration attorney about how to prove the domestic violence that usually happens in the intimacy of your home.  There are ways to do it that required the expertise of an experience immigration attorney.
Extreme Hardship
Extreme Hardship, the last category that may allow a person to remove the temporary conditions in a green card, is one of the hardest to prove.  The relationship has to be prove, and reasons why USCIS should not deport you, but instead grant you a permanent green card.  Although you do need to prove your good faith marriage, you will also need to show that there are other powerful reasons for the applicant to stay in the US; reasons that developed in the 2 years of the relationship that will extremely affect the applicant.  You will certainly need an expert immigration attorney to delve into this exception.
It is extremely important under any of these grounds that you have the supporting documentation to support your eligibility for approval. Furthermore, it is important to note that if you qualify under any of the grounds you do not have to wait the two years to remove your conditions of residence.
At Mercedes Cano we are here to help you. To have your case reviewed by our office, please contact us at 718-505-8506 or please fill out our Contact Form.
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