The Latest Updates on: Renewing Green Cards And U Visa

The Latest Updates on: Renewing Green Cards And U Visa

Hi this is Kaushik Ranchod
here from The Ranchod Law Group, live with
Brian, our paralegal today we’re going to talk about some
exciting immigration laws
and visas
The reason I’m so excited today is because
we’re talking about one of my favourite visas
the U Visa
The U Visa is an extremely powerful visa because
even if you’ve been our of status, even if you have entered without inspection more than once
even if you may have criminal convictions
all of those things can be waived with the U Visa
The reason for that is that it’s a humanitarian visa
If you are the victim of a violent crime
then you might qualify for a U Visa
But it’s not just being the victim of a violent crime
you’ve had to also cooperate with the police department
and have that documented in the form of generally a police report
Types of violent crimes include
domestic violence
or where someone has injured you physically
for instance hit you, that also may qualify as a violent crime
something that doesn’t qualify as violent crime would be
burglary or someone hitting you in a car accident
those would be crimes that don’t qualify as a violent crime
It’s extremely important that you also
cooperate with the police
and file a police report if a violent crime does occur
The other way we demonstrate and win our cases
is showing physical and emotional damage
the way we can do that is if you go to a therapist
also your hospital records
And if you’re over 21 years old you can also
file for your spouse (include your spouse) and also
file for your children if they are under 21
the first step in the U Visa process is to make sure
that you file the police report
and then what we do is
file an application with the police
to get a certification from the police
In California the state legislature passed a law
where the police departments are required to issue
the approval if you qualify within 90 days
this is specific to California so every state has it’s own unique requirement
The next step with the U Visa after the police certification
we go onto the next step and file
the application with the USCIS and that’s the meat, the bulk of the case
When we apply with the USCIS this is where we build your case
to demonstrate that you
that you cooperated with the police, that you faced mental or physical harm
and this is also where we go back and also show that this qualifies
as a violent crime which is the foundation, the basis of your case
So now the processing times
are taking a long time, it’s taking 43 to 45 months
to get an approval and what we are seeing
is that the times are only getting longer and longer and longer
and this has been a trend with the Trump administration across the board
we’ve seen
that the government is just taking a longer and a longer amount of time
to process cases
Towards the end of a case once they start reviewing your case, you can get work authorisation
which will allow you to work
lawfully in the United States, which is another great aspect of the U Visa
Sowe’ve been talking about the U Visa
The steps in the U Visa and the processing times
and then you get work authorisation
if it’s likely that your case is going to be approved
then you can get work authorisation
if your U Visa is approved
then you can apply for a green card
3 years after getting your U Visa
Going back to the EADs those are getting issued if your case is likely to be approved, that’s when
they are issuing the EAD, when it’s coming close to
the end of you getting your U Visa
and this is based off of deferred action
so we talked about the U Visa now we’re going to move onto a different topic
we’ve been getting questions about green card renewal, when can you apply
and we got a lot of questions about
well I have a green card and there’s no expiration date. A law passed
years ago where even if you have that kind of green card
where there’s no expiration date
you are still required to file for a renewal
and you can file for a renewal
six months prior to the expiration date
on your green card
The USCIS is taking a long time to process
these days these applications, it’s taking
over a year generally to get these approved
the government processing times
do change but as of today
as of the broadcast of this video that we’re doing
it is taking over a year
Do you have any other questions Brian that you are getting or any questions for me?
how soon can someone apply for a green card renewal, what if
my green card hasn’t expired yet, when can I apply for a renewal?
you can apply 6 months before the expiration date of your green card so
if you have a 10 year green card
which is known as a permanent green card then you can
you can do that 6 months prior, now
that brings up an important point
if you have a conditional green card
that requires a different application
what we’re talking about is the green card renewal where you have the permanent green card for 10 years
So if you’re applying for a conditional green card
that is where you are removing the conditions after you get
the conditional green card that is good for 2 years
and that is generally based on having a good faith marriage to your spouse
In that case you’re going to have to demonstrate to the USCIS
that you still have a goodn faith marriage and that
and the way that you do that is by providing documentation
of your good faith marriage such as bank account statements such as joint leases as some examples
of joint documents that are included in the application
in the I-751 application which is to get rid of the conditions on your green card so you can get
get a permanent 10 year green card
now what happens if you get a divorce with the conditional green card?
it’s still possible to remove the conditions on your green card
but it’s going to require more work
you will probably be called in for an interview
to ensure that your marriage was in good faith
So USCIS will look atwhy or what
happened to cause the separation
that could be one thing they will look at the interview
they will also evaluate the documents that you have
what I’m talking about now is if you actually got a divorce
they will look at the documents to evaluate wether or not
you had a good faith marriage, they will also want to see affidavits from friends and family
another way that you can waive conditions on the green card
if you’re not filing it jointly as if it was based off of
domestic violence of abuse
that is another way to also
waive the joint filing requirement
we also invite you tu tune in next week wednesday at 12 o’clock
you may also qualify if you are married to a US citizen or permanent resident
for something called the VAWA
which is the violence against women’s act
so that’s another way if you’ve been a victim
I want to thank you for tuning in to our show
we’ll see you next week, thank you and have an awesome day
and if you have questions you can call us at 916-220-3137

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