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Posted

Hello,

 

I need a little information on what the best route is to take in the following situation. Just a bit of background information. My sister-in-law who has been married for more than 21 years in Pakistan and have been in an abusive relationship since then. She finally decided to take a step in getting out of it. She never worked or done anything for herself or her kids so this is like stepping into a whole new world for her. The problem is that her husband is abusive and dangerous and can do anything to harm her or her kids. My mother-in-law wants to get her out of there and bring her here to USA. My mother in law is a green card holder and her citizenship is due next year in February. She will apply but it will take her a year and as for my sister-in-law's situation, it might get worse in that time. We are trying to find the quickest and best option on how to bring her here base on her current situation. Basically we are trying to look for an "asylum" situation and not sure what the best route is to take since my mother in law can apply for her as well.

 

Please help guide. Thanks

 

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted

Exactly how would this be an asylum case? 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

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______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Posted
3 minutes ago, Crazy Cat said:

Exactly how would this be an asylum case? 

I never said it is an asylum case. All I said is that it is like an "asylum" situation. I was speaking to someone who helps in cases like this and she mentioned about her applying for visit visa and then when she is here, she can apply for asylum and I am not too sure on that idea so I wanted to find out on a possible route on this.

Posted
2 minutes ago, Allaboutwaiting said:

Her situation does not make her eligible for asylum. The only route is your mother in law petitioning her.

Is there another route? I was reading about the U-nonimmigrant visas and it mentions the domestic violence as one of the qualified crime.

 

My mother-in-law applying for her daughter would take long time and that could cause her life to be in further danger.

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted (edited)

 

30 minutes ago, rooji said:

I was reading about the U-nonimmigrant visas and it mentions the domestic violence as one of the qualified crime.

There is no fast way for her to immigrate to the US.  The process will, likely, take a year or more.  Be aware that she cannot enter the US as a tourist with the intent to stay and adjust status.  The Mother needs to petition her, so that she can get in line with the thousands of others already waiting.

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Posted
21 minutes ago, rooji said:

Is there another route? I was reading about the U-nonimmigrant visas and it mentions the domestic violence as one of the qualified crime.

 

My mother-in-law applying for her daughter would take long time and that could cause her life to be in further danger.

Same thing with U visa: her situation does not qualify.

 

Mother in law applying is the only route.

Filed: Country: Vietnam (no flag)
Timeline
Posted

Hi,

 

Really sorry that your sister-in-law is in a terrible situation.

 

Unfortunately, there is nothing that can be done to bring her here.

 

Once your MIL becomes a US citizen, she can file for her married daughter.  It will take 13-14 years for her to be eligible for an immigrant visa.

 

She can not come to the US and adjust status.  She will not qualify to adjust status based on any family relationship except through a US husband or US child over age 21. 

 

Really sorry, but there is nothing that can be done to bring her to the US in the near future.

Filed: Country: Vietnam (no flag)
Timeline
Posted
40 minutes ago, rooji said:

Is there another route? I was reading about the U-nonimmigrant visas and it mentions the domestic violence as one of the qualified crime.

 

My mother-in-law applying for her daughter would take long time and that could cause her life to be in further danger.

Sorry, the U visa is for crimes in the US.

 

Domestic abuse in Pakistan would not qualify for a U visa.  

Posted
30 minutes ago, Crazy Cat said:

 

There is no fast way for her to immigrate to the US.  The process will, likely, take a year or more.  Be aware that she cannot enter the US as a tourist with the intent to stay and adjust status.  The Mother needs to petition her, so that she can get in line with the thousands of others already waiting.

I am well aware of that tourist visa which is why I posted here to see what other ways it can go.

 

The family migration is hard since the wait time is long and that could be dangerous to my sister-in-law. You mentioned that it could take a year or more, how more we are talking about? Would her current situation, if we send in evidence of her danger, can help her situation?

Filed: Country: Vietnam (no flag)
Timeline
Posted
9 minutes ago, rooji said:

I am well aware of that tourist visa which is why I posted here to see what other ways it can go.

 

The family migration is hard since the wait time is long and that could be dangerous to my sister-in-law. You mentioned that it could take a year or more, how more we are talking about? Would her current situation, if we send in evidence of her danger, can help her situation?

It's 13-14 years for a US citizen to petition for a married child.  It's not a year.  

There is no way for her to come earlier than when her PD becomes current.  The law does not allow anyone to jump the line imposed by the Visa Bulletin.

Filed: K-1 Visa Country: Wales
Timeline
Posted (edited)

I would imagine it will be nearer 20 years. Looking that far forward is a guess, a line that is getting longer and longer.

 

Asylum is not for Domestic Violence cases, well if it was then a lot of people would qualify.

 

You only can win asylum if at least one of the reasons someone harmed or may harm you is because of your race, religion, nationality, political opinion (or a political opinion someone thinks you have), or the fact that you are part of a “particular social group.”

 

From a practical perspective to obtain a Tourist Visa seems somewhat unlikely in her situation and more importantly would take a long time, applications are backed up. And this needs urgent attention.

 

I would imagine the most realistic options are to go to a Shelter or move in with other Family members.

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted
4 minutes ago, portorusa said:

Interesting....In this article it says that it is possible to claim asylum based on domestic violence:

https://www.nolo.com/legal-encyclopedia/claiming-asylum-based-domestic-violence.html

 

Asylum applies just when one is persecuted either by the government or by persons or groups that the government is unwilling or unable to control because of one of five grounds: political opinion, religion, race, nationality, or membership in a particular social group.

 

So domestic violence makes someone eligible for asylum JUST IF the violence is motivated by any of those five grounds and the government is unwilling or unable to protect from the perpetrator

Filed: AOS (pnd) Country: France
Timeline
Posted

Another way to escape domestic violence is fleeing to Canada. I personally know a woman who suffered abuse from her ex-husband in Russia, and police failed to protect her there. She escaped to Canada, was placed in a shelter there, given a pro-bono lawyer and in a few months was granted a protected status, and eventually obtained residency.

 

Here's an article on Canada:

https://www.fordhamilj.org/iljonline/2019/4/28/canadas-asylum-policy-falls-short-for-victims-of-domestic-violence 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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