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What is VAWA? The Violence Against Women Act (VAWA) is a federal law in the United States that gives legal protection to victims of domestic violence, sexual assault, and other related crimes. One of the benefits of VAWA is that it provides a pathway to immigration for victims of domestic abuse who otherwise would need to rely on their abusers for sponsorship. As you may have learned from our other articles on the adjustment of status (AOS) process, it generally relies on a U.S. citizen or permanent resident filing a petition for your application for a green card. This means that your application is reliant on and controlled by your family member, who is a citizen or LPR, until your application is successful. In the case of marriage-based AOS, you can remain reliant on your marriage for immigration status even after you are granted a green card. VAWA allows qualifying applicants to self-petition for immigration status, meaning that they can apply for adjustment of status without a sponsor. This means that the applicant will not be reliant on their abuser for immigration status. Instead, they can file independently.

Although a marriage certificate is necessary to prove that your marriage is legally binding, it is not sufficient proof of a bona fide marriage. You will need to gather and show additional evidence of your and your spouse’s relationship and life together after marriage.

Certain facts about you and your spouse can make USCIS more likely to think that your relationship is for immigration benefits and not bona fide.

You are entitled to a timely decision on your case.

If I am afraid of returning to my country of origin, what are my legal options to stay in the United States?

Supreme Court Decision on DACA On June 18, 2020, the U.S. Supreme Court decided 5-4 that the Trump Administration could not end the Deferred Action for Childhood Arrivals (DACA) program because the Department of Homeland Security (DHS) acted in a manner that was arbitrary and capricious under the Administrative Procedures Act. A more detailed discussion […] The post Supreme Court Decision on DACA: What does it mean for DACA and Undocumented Immigrants? appeared first on Davis Ndanusa Ikhlas & Saleem LLP.

An important law benefiting undocumented immigrants was passed in NY called the “DRIVER’S LICENSE ACCESS AND PRIVACY ACT” which will take effect on the 14th of December 2019 and was approved by the Governor on the 17th of June 2019.[1] The 3 key beneficial parts of the law are the following: 1 – The bill does […] The post Undocumented Immigrants in NY can Obtain Drivers Licenses appeared first on Davis Ndanusa Ikhlas & Saleem LLP.

Q: What is a Holdover? ​A: A Holdover is a case in which the landlord wants to evict the tenant and is not asking for money for failure to pay rent. The landlord may still seek to collect money, usually called use and occupancy, but the ultimate goal is eviction and not collection of monies. […] The post NEW YORK TENANT EVICTION – Frequently Asked Questions (FAQs) appeared first on Davis Ndanusa Ikhlas & Saleem LLP.

The New York Law Journal reported a key elder law and landlord tenant decision litigated by Tarik Davis, managing partner of Davis Ndanusa Ikhlas & Saleem LLP. In Huggins v. Randolph, 91343/13, Mr. Davis represented 72-year old man Mr. Huggins who feared for his health and safety from his son and his son’s girlfriend who […] The post Key Elder Law & Landlord Tenant Case Decision Obtained by Tarik Davis appeared first on Davis Ndanusa Ikhlas & Saleem LLP.