Q. My U.S. citizen spouse won’t file for my green card. He is abusing me and I want to self-petition under the Violence Against Women Act. After I file my green card application, can I travel to Europe to see my sick father? Can I get work permission?
L., Ormond Beach, Fla.
A. U.S. Citizenship and Immigration Services will grant you work and travel permission while you wait to get your green card. Since your husband is a U.S. citizen, you can include form I-485, Application to Register Permanent Residence or Adjust Status, with your petition, form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. Include form I-765, Application for Employment Authorization and form I-131, Application for Travel Document. USCIS does not require a fee for form I-360. If you can’t afford the fee for employment authorization and adjustment of status, apply to get USCIS to waive them by filing form I-912, Request for Fee Waiver.
Violence Against Women Act self-petitions require a strong presentation that you were subjected to battery or extreme cruelty by your spouse. Have an immigration-law expert help you prepare your applications. If you can’t afford a lawyer, find free or low-cost legal assistance at http://bit.ly/2fYRIZI.
Q. I applied for permanent residence based on a petition from my U.S. citizen son. He is in the Army. USCIS denied my application because an immigration judge ordered me deported. I was unaware that the government had even charged me with being deportable. I qualify to interview for my green card in the United States. What are my options?
Name withheld, Reno, Nev.
A. To get a green card, an immigration judge must agree to reopen your deportation case. Start by filing a Freedom of Information Act request with the immigration court. You’ll want to find out if the government has evidence that you received a hearing notice. Learn how to do this at https://bit.ly/2N35prs. If you did not receive proper notice of the hearing, that may be grounds to reopen your case. Otherwise, you will need to get a government deportation attorney to agree to reopen you case based on a petition filed by your U.S. citizen son.
Allan Wernick is an attorney and director of the City University of New York’s Citizenship Now! project. Send questions and comments to Allan Wernick, New York Daily News, 7th Fl., 4 New York Plaza, New York, N.Y., 10004 or email to questions@allanwernick.com. Follow him on Twitter @awernick.
