[Also available on Facebook.] There is no legal requirement to “exhaust remedies” – i.e., make personal efforts or appeals to get a decision on a delayed immigration application. However, before filing a mandamus lawsuit to address an immigration delay, it is best to make such attempts and diligently document the efforts taken to move your […]

[Also available on Facebook.] VAWA petitioners who receive a prima facie determination notice (this comes at an earlier stage than a full VAWA approval) can qualify for “means tested” public benefits that were previously unavailable to them. Depending on your state, these valuable benefits can include Medicaid, TANF, public housing, food stamps and many others.

[Also available on Facebook.] Spoiler Alert: Confidentiality for abuse survivors is respected if you seek a waiver based on it. The abusive spouse is not notified of the filing. According to 8 CFR Sec 216.5(e)(3)(viii): As directed by the statute, the information contained in the application and supporting documents shall not be released without a […]

[Also available on Reddit.] Immigrants who remove conditions on their green card with an approved abuse waiver can still naturalize after 3 years of having a green card instead of 5. https://www.uscis.gov/sites/default/files/document/memos/sec319a012705.pdf

[Also available on Facebook.] Immigrants who are sponsored for their green cards are entitled to financial support from their sponsors due to the I-864 Affidavit of Support contract. If the sponsor does not comply, the immigrant can sue the sponsor to enforce the support obligation. The obligation is most frequently enforced in the situation of […]

[Also available on LinkedIn.] There are some really interesting (staggering) statistics in this article regarding immigration case backlogs in 2021 compared to 2020. There is some food for thought here for those of us that litigate immigration delays or are counseling clients with long standing delays. If nothing else, the statistics show delays are here […]

[Also available on Reddit.] If you are looking for guidance as to how USCIS will decide your I-751 ROC petition if you are separated or starting divorce proceedings, but the divorce isn’t final, then you need to read the Neufeld memo. It’s only 3 pages and worth a close read. https://www.uscis.gov/sites/default/files/document/memos/i-751_Filed_%20Prior_Termination_3apr09.pdf  

[Also available on Facebook.] Approved VAWA petitioners applying for a green card are exempt from the affidavit of support requirement.  

[Also available on Reddit.] Hi, I’ve put together a new Facebook group to post content and foster discussions for immigrants that can use advice and support to deal with failing or abusive marriages. If you or a loved one could benefit from this, I encourage you to join. You can find it by searching the […]

[Also available on Reddit.] Hi, I’ve put together a new Facebook group to post content and foster discussions for immigrants that can use advice and support to deal with unreasonable delays and denials. We mostly discuss litigation strategies such as mandamus, APA, FOIA and naturalization federal lawsuits. If you or a loved one could benefit […]