Lawyers Manual - Unified Court System

Representing Immigrant Victims of Domestic Violence 315
abroad to a US citizen parent may also be citizens. 14 If the children are not
citizens by birth, remedies for the mother are intended to ensure that they obtain
relief as well. 15
Factors in Determining Eligibility for Relief
The type of immigration relief for which a domestic violence victim may be
eligible depends upon a number of variables, including her marital status, her
current immigration status, the immigration status of her abuser, and her “good
moral character” as defined under federal law.
Brief Overview of Family-Based Immigration Law
Family-based immigration is the most common way for foreign-born
individuals to gain permanent legal status in the United States. Approximately
three-fifths of all immigrants to the United States each year obtain permanent
resident status (commonly called a “green card,” though the color of the card has
not been green for years) based upon a qualifying family relationship. 16 Permanent
residence allows an individual to work in the United States, to travel abroad, and,
after either three or five years, to naturalize. To initiate the immigrant visa process,
a US citizen or lawful permanent resident (the “petitioner”) files a document
known as a “Petition for Alien Relative” with USCIS and submits documentation
in support of the qualifying family relationship (such as marriage or birth
certificates). 17 Certain categories of family members (the “beneficiaries”) are
assigned a “priority date” based upon the date of the application, and wait until an
immigrant visa is available. The beneficiaries then become eligible to obtain
“adjustment of status” to that of lawful permanent resident. Because of annual caps
on visas based upon familial relationships and countries of origin, the current wait
ranges from 6 (e.g., British-born spouse of a permanent resident) to 23 years (e.g.,
a Philippine-born sibling of a US citizen)! 18
Individuals who are married to a United States citizen and their minor,
unmarried children (under 21) are not subject to annual caps and so avoid the
waiting period for an immigrant visa. These individuals, known as “immediate
relatives,” can obtain lawful permanent residence within months of filing
the Alien Relative petition, although disparities exist in processing times
throughout the country because of case backlogs and security clearances. 19 Still,
while the application is pending, an immediate relative is eligible for
employment authorization.