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Process To Get A Green Card Under Vawa - Immigration - Alllaw: What You Should Know

The U.S. Citizenship and Immigration Services (USCIS) grants permanent resident status to the person filing the petition or the approved fiancé(e) or fiancée(s); and the sponsor of the petition. The USCIS also provides an electronic “Certificate of Eligibility” for a marriage-based Visa petition issued as a result of a U.S. court petition. The certificate is issued in order of filing date, but is not retroactive to a date earlier in your application process. You and the fiancé(e) or fiancée(s) must pay the appropriate filing fee. You should seek advice from an attorney knowledgeable on the laws and the facts you encounter, including: The purpose of the petition and the basis for it; Your case management plan; A case management conference in which the judge will decide the case in your favor; Your status-of-residence, legal presence (PR), immigration status; Any criminal or civil claims that might be filed against you; Any immigration charges against you and any pending administrative investigations or petitions; Additional resources to assist you, including attorneys representing your spouse/partner at an immigration hearing when a petition is deemed appropriate; Whether your partner (fiancé or fiancée) or any of his/her defendants can be allowed to live with you and be admitted to the United States and gain U.S. permanent residence; and The court's discretion to grant or deny the adjustment to status.  The judge may determine your immigration status. They will determine if you are a PR, an immigrant or a non-immigrant, or you are a “minor alien” or a “national of another country.” If you are denied an adjustment to status for whatever reason, you and your fiancé(e)/fiancée(s) may file a lawsuit at an immigration hearing that will determine your case and your immigration status. If necessary, you can have a separate lawsuit in the U.S. District Court for the District of Columbia as well. This is called a second-tier case, even if the primary proceeding is before an immigration judge. Your fiancé/fiancée may be allowed to stay if the court determines there are substantial grounds for the denial of an adjustment to status. If you have a criminal record, you will be notified that you have been charged with a crime.

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