Texas Immigration Lawyer & Attorney : Kraft & Associates Law Firm : Visas, Green Card, Citizenship, Deportation : Dallas, Texas

A spouse, child or parent who has been subject to extreme cruelty or battery by a U.S. citizen or lawful permanent resident (LPR) spouse or parent may file a Violence Against Women Act (VAWA) self-petition. VAWA petitions are available to the victims of domestic violence and may be either male or female victims. In order to qualify, a victim of domestic violence has to meet several requirements. The self-petitioner must establish that he or she is the spouse of a U.S. citizen or LPR; resides in the United States when the self-petition is filed; resided with the abuser in the United States in the past; has been battered or subject to extreme cruelty by the Citizen or LPR spouse during the marriage; is a person of good moral character; is a person whose deportation would result in extreme hardship to himself, herself, or his or her child; and the victim entered into a good faith marriage with the Citizen or LPR.

Before filing a VAWA case, evidence must be gathered to establish the above-mentioned requirements. For example, the petition must be accompanied by evidence of the marriage relationship, such as a marriage certificate. To satisfy the requirement that the abusive spouse or parent is a U.S. Citizen or LPR, a copy of their birth certificate or resident card should be provided. With respect to providing evidence of the abuse, the victim may include police reports, temporary restraining orders, affidavits from police and judges, medical reports, and letters from doctors. To satisfy a good faith marriage requirement and the requirement that the self-petitioner resided with the abuser, the self-petitioner must submit documentary proof which includes, but is not limited to, joint accounts, credit card bills evidencing both names, apartment leases, driver's licenses showing the same address of both, insurance records held in both names, federal tax returns filed jointly, and birth certificates of children.  In order to show that the victim is a person of good moral character, the self-petition should provide an affidavit from the self-petitioner, accompanied by a local police clearance, and letters from individuals. Evidence of extreme hardship includes affidavits, birth certificates of children, etc.

Once the VAWA petition is approved, the next step will be to proceed with obtaining permanent resident status based on the approved self-petition. Please contact us if you have been or are subject to abuse by a U.S. citizen or LPR spouse, or parent.

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Generally, a lawful permanent resident (LPR) must have continuous residence in the United States for five years (or 3 years if married to a U.S. citizen) in order to be eligible for citizenship. Continuous residence in the United States does not mean that an LPR cannot leave the country for the entire five years (or three years if married to a USC) in order to qualify for citizenship. On the contrary, LPR's can travel freely without the hassle of obtaining a visa from the United States Citizenship and Immigration Service. However, LPR's must make sure they do not face the problem of abandoning the continuous physical presence requirement.

An LPR may be deemed to have disrupted the "continuous residence" requirement if the LPR travels out of the United States a few times a year, or if an LPR is outside of the country for over six months. If an LPR continuously maintains a residence in the United States but is physically outside of the United States for over a year, the Department of Homeland Security (DHS) may decide that the continuous residence has been abandoned. If an LPR has not properly maintained the continuous physical residence requirement, and the DHS determines that an LPR has abandoned his or her residency, DHS can refuse an LPR back into the United States.

Attention all frequent-flyer residents: Make sure your trips abroad are for short periods of time. Please note that the continuous physical residence requirement is one requirement that must be satisfied to qualify for citizenship. There are other requirements that must be met in order to establish citizenship eligibility. Please contact us if you would like to begin your citizenship process.

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As more and more individuals in the United States apply to become lawful permanent residents, or green card holders, it is vital that each person know the rights and responsibilities that come with obtaining LPR status.

The benefits to becoming an LPR include:

Although you may have a green card, you should be very careful about certain things. The first and foremost is international travel. Even though you may travel freely, extended periods of time spent outside the U.S. may indicate to Immigration Services that you have abandoned your green card.

If you plan on spending over six months outside the U.S. at any given time, it is advisable for you to apply for a re-entry permit. This is issued to permanent residents or conditional permanent residents who wish to remain outside the U. S. for a prolonged period of time, but for less than two years. A re-entry permit usually enables a permanent resident, who traveled abroad for a period of time of more than one year but less than two years, to avoid the risk of not being allowed to come back the U.S. on the ground that the alien abandoned his permanent residence status. A re-entry permit can also serve as a passport for a permanent resident who wants to travel outside the United States, but cannot get a passport from his country of nationality.

A permanent resident who wishes to become a U.S. citizen must show that he is a person of good moral character. Arrests, criminal convictions, or engaging in certain bad acts such as failing to pay child support or being a habitual drunkard will prevent a person from becoming a citizen.

All LPRs are bound by all of the laws of the United States, the States, and localities. You are required to file your income tax returns and report your income to the U.S. Internal Revenue Service and your State IRS. You are expected to support the democratic form of government and cannot attempt to change the government through illegal means. If you are a male, age 18 through 25, you are required to register with the Selective Service.

One of the most important privileges of democracy in the United States of America is the right to participate in choosing elected officials through voting. As a Permanent Resident you can only vote in local and state elections that do not require you to be a U.S. citizen. It is very important that you do not vote in national, state or local elections that require a voter to be a U.S. citizen when you are not a U.S. citizen. There are criminal penalties for voting when you are not a U.S. citizen and it is a requirement for voting. You can be removed (deported) from the U.S. if you vote in elections limited to U.S. citizens.

Becoming a permanent resident of the United States is a wonderful thing, however, all LPRs should remember that they must maintain their status at all times. Your status in the United States is not guaranteed and certain actions may cause you to lose your green card status or be deported from the United States.

If you have any questions regarding permanent residency or any other immigration topic, please contact Kraft & Associates today.

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Over the last several years many foreign nationals who are in the United States legally have often used the words "visa" and "status" interchangeably. In too many cases this has led to disastrous results for those people.

Anyone who wants to enter the United States will have to go through an inspection by an immigration officer at the border prior to entry. The officer will normally issue an I-94 card that allows the foreign national to enter the U.S. for a specific purpose and for a specific duration of time. The above falls into the concept of "status." For example, a British citizen who flies to the U.S. for a vacation will go through an inspection at the airport and an I-94 card will be placed in his passport. The I-94 card is usually valid for six months and allows the British citizen to hold the status of a tourist for six months while in the United States.

A person admitted in one status may seek a change of status into a new classification (such as from F-1 to H-1B). Also, the duration of a person's stay may be extended by Immigration Services.

A "visa" on the other hand, is a document that allows a person to come to a port of entry and apply for admission into the United States. A visa allows for a person to apply to enter the U.S.; it does not provide a person with "status." A person applies for a visa at a U.S. consulate in his or her home country. However, issuance of a visa does not guarantee a person's admission into the United States.

If a citizen of India wishes to visit family members in the U.S. she will apply for a tourist visa at a U.S. Consulate in India. If the application is approved, the U.S. Consulate will usually issue a tourist visa that is valid for ten years. Therefore, the Indian citizen now possesses a visa. However, at the port of entry she will go through inspection and will be issued an I-94 card that is usually valid for six months. This means that although this person has a valid ten-year tourist visa, she is only authorized to have status as a tourist for six months.

As shown above, a visa is only for the purpose of admission into the United States, not for the purpose of remaining in the United States. To remain in the United States, a person must have status, which is evidenced by the validity dates of the I-94 card. If a person remains in the U.S. past the expiration date of the I-94 card they no longer have legal status in the U.S. even if their visa has not yet expired.

Finally, a non-immigrant visa holder violates his or her status in the United States if the person:

A person in this situation must immediately attempt to regain status to avoid removal from the U.S. and to prevent other serious immigration consequences.

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Today's Dallas Morning News editorializes in favor of the proposed compromise immigration bill. Here is the editorial:

Good Starting Point

But immigration plan will need some work

The fact that the Senate will return to immigration this week is a political miracle of sorts. Sharply divergent points of view - and we mean really sharp - have stalled the debate for an entire year.

Thanks, however, to brutal negotiations involving the White House and dedicated senators from both parties, the Senate will start with a bipartisan bill. Deserving of Texans' thanks for renewing the debate are President Bush, who has kept the issue alive in speeches, and lead Senate negotiators Ted Kennedy and Jon Kyl.

As an editorial board that has pushed hard for immigration reform, we think this bill is a good place to begin - but with the understanding that major work is still to be done:

Border security: The plan doesn't wink at ratcheting up border security. The addition of 18,000 border agents and 70 new radar towers will help take the lawlessness out of the southern border. So will the resources to detain 27,500 aliens a day.

We have never been wild about a border fence, but the 370 miles of fencing and 200 miles of road barriers should satisfy those who think a wall will reduce the flow of illegal immigrants. In fact, border hawks should like that many security measures must be in place before a new temporary worker program starts.

Enforcing the worksite: One of the best parts is the new electronic identification system. Employers will know if they are hiring legal workers. There's too much uncertainty today when it comes to worker IDs. The situation in Cactus, Texas, proved that.

Unlike the current system, all workers must prove they are here legally. Under the new system, employers would run their info through a new national verification database. If those on the job aren't legal, the employers are fined and the workers are fired.

Pathway to citizenship: Mr. Kyl, a Republican, has reversed course and acknowledged that there's no way to correct our immigration problems without giving the estimated 12 million illegal immigrants living here a chance to earn citizenship. More power to the man for stepping forward, knowing many will scream amnesty.

It's not.

Illegal immigrants seeking citizenship must pay a $5,000 fine, possess a job, undergo a background check and wait eight to 13 years before becoming a citizen. They don't jump to the head of any line. In fact, they can't earn citizenship until all current applications are approved or rejected.

They can eventually earn citizenship, though, and that's crucial to getting immigrants to come out of the shadows.

Temporary workers: 400,000 foreign workers could qualify for employment visas annually. That essentially matches the number of foreign workers who come here illegally each year.

There's a catch, though, that could make the provision unworkable. Temporary workers could earn three two-year work visas. In between each two-year stint, they would have to return home for one year.

The risk with the return-home requirement is that some workers may go underground and stay here. We would prefer that senators amend the bill to match the House plan, which has no return-home provision for temporary workers.

At the least, senators should amend it so more exceptions can be granted to workers in high-demand industries. That would minimize the temptation for some workers to go underground.

Green cards: Fortunately, temporary workers could earn a green card after their work stints end. But that could become a mirage if the Senate doesn't include enough cards that let workers stay here legally. (Green cards allow for legal permanent residency, not citizenship.)

The Senate would be foolish to ignore reality. Temporary workers with good jobs probably will stay here, even if they can't get a green card. So it's important to have enough cards to go around in order to know who is actually here.

This proposal represents an improvement over the status quo, but it's not the endgame. We urge Texas Sens. Kay Bailey Hutchison and John Cornyn to address these shortfalls this week.

The next few months will be like crawling through broken glass, as Frank Sharry of the National Immigration Forum aptly put it Friday. But Washington must grit its teeth and work through the pain if the nation is to finally fix our broken immigration system.STILL NOT SOLD? Why border hawks should like the Senate plan:

* 18,000 new border agents

* Ends "catch and release" of illegal immigrants

* 70 new radar towers

* Resources to detain 27,500 illegal immigrants a day

* An electronic verification system for all employees

* Illegal workers lose their jobs

* Employers face big fines

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Many overseas professionals wish to immigrate to the United States for employment. Normally, to file an employment-based immigration petition, a Labor Certification approval is a pre-requisite. Schedule A, however, is a list of occupations for which the U.S. Department of Labor (DOL) has determined that there is an insufficient number of U.S. workers who are qualified, willing, and able. Professional nurses and physical therapists are the only two occupations explicitly listed on Schedule A. Additionally, the DOL has authorized U.S. Citizenship and Immigration Services (USCIS) to allow a foreign worker to obtain a green card without first having to go through the entire labor certification process.

Professional Nurses

To qualify for Schedule A processing, a professional nurse must be in possession of the following:

In addition, unless the nurse was educated in an English-speaking country, he or she must achieve a certain score on tests in written and spoken English administered by TOEFL or IELTS in order to qualify for the Visa Screen Certificate. The program is also composed of an educational analysis and licensure validation.

Currently, there is such a shortage of nurses working in the United States, persons abroad will find it relatively easy to obtain offers of employment from hospital in the U.S.

Physical Therapists

A physical therapist is defined as a person who applies the art and the science of physical therapy to the treatment of patients with disabilities, disorders, and injuries to relive pain, develop and restore function, and maintain performance.

To qualify for Schedule A processing, a physical therapist must possess all the qualifications necessary to take the physical therapist licensing examination in the state in which he or she intends to practice physical therapy. To do this a physical therapist must submit a letter from the state of intended employment's licensing official stating that the applicant is eligible to take the state's written licensing examination for physical therapists. He or she must also possess a four year degree in physical therapy.

Conclusion

Because the Schedule A designation does not require the approval of a Labor Certification by the DOL, the process for obtaining a green card for a qualified nurse or physical therapist is much shorter than for other occupations that do require an approved labor certification.

While other employers have to test the labor market and show that there are no able, willing, and qualified U.S. workers to perform the job for which the foreign national is seeking permanent residence, the physical therapist's and nurse's employer do not have to test the labor market because the Department of Labor has already recognized the unavailability of workers for these positions.

Kraft & Associates can assist you or your employer in preparing and filing the physical therapist or nurse immigration applications. We will work closely with hospitals and other organizations throughout the process, and assist the employer step-by-step during the preparation of the applications. Whether you are a person who has received an employment offer and is contemplating filing a petition, or are a human resource professional of the employer, please give us a call or send us an e-mail. We can provide you the guidance you need through the entire procedure, and help to obtain a successful result for you.

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According to an Associated Press story in today's Dallas Morning News, Citizenship and Immigration Services has released a new civics test for immigrants applying for U.S. citizenship. There are 144 revised questions. Excerpts from the story:

The draft questions will be tried out on immigrant volunteers in 10 cities early next year. Gonzalez was not ready to give specific dates. Applicants must verbally answer six of 10 questions right to pass the civics portion of the test. The questions will be tried out early next year in Albany, N.Y.; Boston; Charleston, S.C.; Denver; El Paso; Kansas City, Mo.; Miami; San Antonio; Tucson, Ariz.; and Yakima, Wash.

The government wants the citizenship test to require a better understanding of America's history and government institutions. It expects to spend about $6.5 million to make the changes, said Alfonso Aguilar, director of the citizenship office.

The redesign is aimed at making sure applicants know the meaning behind some of America's fundamental institutions, said Chris Rhatigan, an agency spokeswoman.

The questions will go into use in the pilot cities before advocacy groups get a chance to point out any problems or concerns. After the questions are tested, the agency plans to spend a year examining results and reviewing the questions with groups with expertise and interest in the tests.

Another possible question would delve into the history of the Civil War. Applicants are now asked, What was the Emancipation Proclamation?

Current applicants need to know that it freed the slaves. In the future, however, prospective citizens will need to have a deeper understanding of the Civil War and name one of the problems that led to it.

Immigration advocates want to ensure that the new test does not make becoming a citizen more difficult, while groups that want to control immigration want to ensure newcomers are not simply memorizing information.

My guess is that about half of native-born U.S. citizens would fail the proposed test.

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The U.S. State Department has released information about how to register for the fiscal year 2008 Diversity Lottery. Entries must be received between noon (Eastern Time) on October 4, 2006, and noon on Sunday, December 3, 2006. Applicants may access the electronic Diversity Visa entry form at dvlottery.state.gov during the registration period. Paper Entries will no longer be accepted.

A maximum of up to 55,000 Diversity Visas (DV) each fiscal year will be made available to persons from countries with low rates of immigration to the United States. Citizens of countries that have more that 50,000 persons immigrate to the United States each year are not eligible to participate in the Diversity Lottery Visa Program.

Requirements for Lottery Entry:

1. Citizens of the following countries ARE NOT eligible to participate: Canada, China (mainland born), Colombia, Dominican Republic, El Salvador, Haiti, India, Jamaica, Mexico, Pakistan, Philippines, Poland, Russia, South Korea, United Kingdom and its dependent territories, and Vietnam.

2. However, even if you are from one of the above-mentioned countries, you may still be able to participate in the Diversity Lottery program. First, if you were born in a country that is not eligible, but your spouse was born in a country that is eligible, you can register for the lottery. Second, if you were born in one of the ineligible countries, but neither of your parents was born there or resided there at the time of your birth, you may apply for the program if at least one of your parents was born in an eligible country.

3. Applicants must meet either the education or training requirement of the diversity lottery program. You must have EITHER a high school education (or its equivalent), OR two years of work experience within the past five years in an occupation requiring at least two years of training or experience to perform. Visit the State Department Web site for a list of qualifying occupations.

If you cannot meet these requirements, you should NOT submit an entry.

Important Facts

1. Submitting more than one application will disqualify you from registration. Every application received will have an equal chance of being selected.

2. No fee is charged to enter the diversity visa lottery program.

3. Those applicants who are selected will be notified by the Kentucky Consular Center with specific instructions on how to proceed. Persons not selected will not receive any notification.

4. In order to receive the immigrant visa, you must meet all eligibility requirements under U.S. law. This means that persons who have previously entered the country illegally, have criminal convictions, or who are from countries identified as sponsors of terrorism will not be eligible for the visa.

For more information, please visit the State Department's detailed instructions for Diversity Visa Lottery application.

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According to a news report from Bloomberg, the Bush administration may change some immigration rules to make it easier for Cubans with relatives in the U.S. to enter the country. Quoting from the article:

The administration also is considering refusing visa applications from any Cuban caught trying to sneak into the U.S. by sea. Under the current policy, such people aren't penalized if they later apply for a visa, the officials said.

The U.S. seeks to curb any surge of Cubans to the U.S. following Fidel Castro's handoff of power. The 79-year-old dictator fell ill last week and temporarily turned control of the Caribbean nation over to his brother, Raul. President George W. Bush yesterday urged Cubans to pull away from Castro's ``tyrannical'' grip and create a new government.

``The U.S. realizes that the unfolding events in Cuba might potentially lead to an immigration crisis,'' said Paolo Spadoni, a professor at Rollins College in Winter Park, Florida, who specializes in Cuban issues.

White House spokesman Tony Snow confirmed today that the administration is thinking about ``what might happen'' in Cuba and how the U.S. should respond. Still, he said there's been no change in policy, and the administration is urging Cubans ``to stay put.''

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