Have you been a victim of domestic violence by a US citizen or residence? VAWA may grant you permanent residency.
VAWA stands for Violence Against Women Act, however it is not exclusive for women; if you are a man or male child who is suffering abuse from a family member, you may be a beneficiary.
In the United States of America, violence is unacceptable and it is every citizen’s (and resident’s) obligation to comply with the law. Before the constitution it is not allowed for any individual to abuse, in any way, of any of his/her family members and VAWA is focused in protecting those who are still not permanent residents but have been victims of violence from a relative who is a citizen or resident.
4 things you need to know about VAWA:
YOU DO NOT NEED AUTHORIZATION FROM THE ABUSER TO APPLY FOR VAWA If your resident or citizen spouse physically, verbally or mentally abuses you or your children -even if they are not his/her children- YOU MAY QUALIFY FOR VAWA If your resident or citizen children mistreat you, YOU MAY QUALIFY FOR VAWA If your resident or citizen parents are abusive against you, YOU MAY QUALIFY FOR VAWA *If you have divorced the abusive person, you have up to two years afrter divorce to apply for VAWA. *If the abusive spouse (or family member) died, you have up to two years after the death of that person to apply for VAWA.
There is a VAWA hotline you may call if you need further information Call 1-800-799-7233
At the law offices of the immigration lawyer in Memphis, Sean Lewis, we know VAWA may help you obtain permanent residency if you´ve been a victim of domestic violence by a citizen or resident and we´re here to provide you with information as well as help you apply for this benefit. Call us, (615)226-4236
The largest raid during Trump´s mandate took place in Ohio at Corso’s Flower & Garden Center, a landscaping company and 114 employees were detained. No charges have been presented against the company yet, however, landscapers are concerned about their businesses’ future as they struggle to find workers ever since returning workers are no longer exempt from the H2B cap.
This raid in Ohio will affect many others
The raid in Sandusky has left many business owners concerned as they struggle with the ripple effect of the “Zero-Tolerance” immigration policy and the fear that it will only get worse. Many of them weren’t granted permits for the foreign workers they were counting on for the season. The president of Green Impressions in Sheffield, Ohio, commented that all of the 18 foreign workers he had been counting on for this year, were denied the permit, and hasn’t been able to find reliable employees. Five new hires just quit, and “what’s left out there can’t pass a drug test.” said Joe Schill, whose business has had no other choice but to turn down jobs, losing $300,000 in just April and May.
What happens if ICE comes? Lately, it has been so crazy with constant news about changes in immigration topics, and raids all around the country. We are here to help and we have some tips in case ICE knocks at your door.
First, DO NOT OPEN THE DOOR. They might try to trick you into opening the door, but you have the right to stay quiet. Unless they have a warrant, they cannot enter your home. If they say that they have a warrant, still do not let them in. Ask them to slip the warrant under the door. Look for your full name, address, and for official signature from a court. If it is from the court, it is the law to let them in. If not, do not answer any questions. We understand it may be scary..
Here’s what you can say if they do not have an official warrant:
“I do not wish to speak with you.” Based on the 5th Amendment, you do not have to answer questions. “I do not give you permission to enter my house.” Based on the 4th Amendment, you do not have to let them in unless they have a court warrant.
How to plan if ICE comes:
Have a family plan. Think about, “What is going to happen to my kids? Who will take care of them if ICE comes?” Have a safe guardian to take care of them, if worst comes to worst. Most importantly, remember their number in case you are incarcerated. Make sure they know what the situation could come to and the possibility of them having to watch and care for them through disabilities, allergies, or medications. Ask and see if you are eligible for a bond. What is a bond? A bond is an agreement to get out of jail through paying money or fees. Know your A# if you are incarcerated, because this could help your family or lawyer find out whether you qualify for a bond. Ask yourself, “Where am I going to get the money? What do I do if I don’t have enough?” Can a family member help? If not, please plan ahead. Think about saving and keeping money aside in case. Who can I call if I don’t know what to do? If you get a bond, call Gonzales Bond at 1-800-628-8888! Or check out their page here. If you cannot get a bond, call us! 615-226-4236! Or make sure your lawyer is ensured by AILA.
Do not drive without drivers license! If driving without a license, it is the law to pull over when detained by an officer. It is not the same as when they come to your door, you do have to show identification. For this matter, consider visiting ann AILA.org certified attorney to let you know about your options to legalize your status!
Are the the Bean Station immigrant detainees “marching” towards deportation? Court bond hearings or motions to reopen prior removal orders is what would really make a difference.
Weeks have passed since the biggest raid in a decade took place at a meat packing plant in GRAINGER COUNTY, Tennessee. This situation stormed into the lives of hundreds, especially the families of undocumented immigrants. Many of those who are still arrested are now facing deportation and the sense of fear has overtaken the whole town; it has been reported that hundreds of kids did not attend school after the raid and teachers are concerned for the children’s well being as they try to comfort their classmates.
Expressions of support of those who feel that the community has been torn apart have quickly emerged, however, time is of the essence and, if efforts are not focused correctly, these families will be separated as deportation proceedings are on the works.
“MARCHES, BANNERS AND SIGNATURE COLLECTIONS ARE COMPLETELY INEFFICIENT”
From his office in Tennessee, immigration lawyer, Sean Lewis, can’t hide his discomfort as he scrolls thru his computer screen reading a note about organizations gathering signatures to “tell ICE” to release the detainees. “Marches, banners and signature collections are completely inefficient,” says Lewis, “what they need is court bond hearings or motions to reopen prior removal orders”.
Years ago public outcry might have gotten ICE to listen and exercise discretion to release people who violate the immigration laws. Those days are long gone, and no-one can just “tell” ICE who is a deportation priority, not to deport people. Nowadays nobody is listening except the judges in court.
It is the immigration lawyer’s opinion that if people really want to help —and not just stirrup emotions— What they should be doing is informing the families and detainees about the concrete legal actions they are to take so that they can avoid deportation and begin a process that may hopefully result in legalizing their status in the country.
ICE is not marching so that undocumented immigrants leave the country. They are acting, running raids and using the established means to see that happen. Should you wish to help the families of those facing immigration detention, visit https://www.aila.org/ for a list of immigration lawyers that may represent them.
Sean Lewis can help you get a Temporary Non-Agricultural Worker Visa! Here are some frequently asked questions that we can help you answer!
“The H-2B program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary nonagricultural jobs. A U.S. employer, or U.S. agent as described in the regulations, must file Form I-129, Petition for Nonimmigrant Worker, on a prospective worker’s behalf.” -USCIS
Petitioner must show that:
Not are not enough workers in the U.S for job
Wages and conditions will be the same as the U.S workers
Services are temporary
* INCREASE IN VISAS NOW!
“There is a statutory numerical limit, or “cap,” on the total number of foreign nationals who may be issued an H-2B visa or otherwise granted H-2B status during a fiscal year (FY). Currently, Congress has set the H-2B cap at 66,000 per fiscal year, with 33,000 for workers who begin employment in the first half of the fiscal year (October 1 – March 31) and 33,000 for workers who begin employment in the second half of the fiscal year (April 1 – September 30). “
Typically the temporary labor certification decides how long you can stay. It may be extended by 1 year. However, if it exceeds 3 years, individual must leave U.S for 3 months before seeking re-admission.
What about my family?
Thankfully we can help with that too!
“Any H-2B worker’s spouse and unmarried children under 21 years of age may seek admission in H-4 nonimmigrant classification. Family members are not eligible for employment in the United States while in H-4 status.”
Still confused on what you should do? Call us at 615-226-4236 or 615-ABO-GADO!
Have you been employed to work in the U.S? Want to see if you qualify for a H-2A Temporary Agricultural Worker Visa? Keep reading and find out if you are eligible! Don’t know what a H-2A is? Also, keep reading!
What is a H-2A Temporary Agricultural Worker? A H-2A is a program that allows certain U.S employers to bring over migrate works in order to fill agricultural jobs, temporarily.
Who qualifies? According to USCIS.. The petitioner must…
-Offer a job that is of a temporary or seasonal nature. -Demonstrate that there are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work. -Show that employing H-2A workers will not adversely affect the wages and working conditions of similarly employed U.S. workers. -Generally, submit a single valid temporary labor certification from the U.S. Department of Labor with the H-2A petition. (A limited exception to this requirement exists in certain “emergent circumstances.” See e.g., 8 CFR 214.2(h)(5)(x) for specific details.)
What’s the process? 1. Petitioner must submit a temporary labor application to the Department of Labor. See more here. 2. Petitioner submits form I-129 to USCIS 3. Workers can then apply for visa/admission
Is my country eligible? Some countries eligible for visa include: Country not on list? See more here. Argentina Australia Brazil Canada Chile Colombia Costa Rica Dominican Republic Ecuador El Salvador France Germany Greece Guatemala Honduras Ireland Israel Italy Jamaica Japan Mexico Nicaragua New Zealand Norway Panama Papua New Guinea Peru Portugal Romania Spain
How long can I stay? Maximum period is 3 years.. Program can be extended in 1 year periods.
A person who has held H-2A nonimmigrant status for a total of 3 years must depart and remain outside the United States for an uninterrupted period of 3 months before seeking readmission as an H-2A nonimmigrant. Additionally, previous time spent in other H or L classifications counts toward total H-2A time. -USCIS
Will there be records for working? Yes, yes and yes.
Employers certified under H-2A must keep accurate and adequate records with respect to the workers’ earnings as well as the hours each worker actually works. In addition the employer must retain a record of time “offered” to the worker but which the worker “refused” to work. Records must also include the time the worker began and ended each day, the rate of pay, the earnings per pay period, the worker’s home address, and the amount of and reasons for any and all deductions taken from the worker’s wages. These records must be kept for three years after the date of the H-2A certification. -Elaws
Can I bring my kids? Yes, if they are under the age of 21, they may seek admission.
What’s the cost? Cost varies according to case. Consult with Sean Lewis for exact fees.
Need more information about Sean Lewis? Click here. Want to learn more about immigration visas? Click here.