#FlagNo91 = Taiwan | #ForeignFlagFriday | Representing Clients Worldwide

#FlagNo91 = Taiwan

#Taiwan Fun Fact = “There are no garbage cans outdoors. Garbage cans are usually kept inside of a house or place of business. The garbage is tossed into a garbage truck when it arrives. These trucks play loud music to indicate their arrival in the streets.” See more here.

See you Friday for #FlagNo92!


Can you guess which country #FlagNo91 is from?

#FlagNo91

Due the the New Year, the answer to #FlagNo91 will be posted on Monday! Have a great weekend!


**The dedicated NYC immigration attorneys at The Shapiro Law Firm, LLC, have represented clients from over 100 countries across the globe. Click here to see for more countries that our clients come from or Contact Us to learn more.**

#FlagNo90 = Armenia | #ForeignFlagFriday | Representing Clients Worldwide

Happy 2018!

#FlagNo90 = Armenia

#Armenia Fun Fact = “Chess is a compulsory subject in schoolsInteresting huh? All students have to take chess as a compulsory subject in school and there are even exams for it!” See more here.

See you Friday for #FlagNo91!


Can you guess which country #FlagNo90, the last #FFF of 2017, is from?

#FlagNo90

Due the the New Year, the answer to #FlagNo90 will be posted on Tuesday! Have a great weekend and a Happy New Year!


**The dedicated NYC immigration attorneys at The Shapiro Law Firm, LLC, have represented clients from over 100 countries across the globe. Click here to see for more countries that our clients come from or Contact Us to learn more.**

#FlagNo89 = Cuba | #ForeignFlagFriday | Representing Clients Worldwide

#FlagNo89 = Cuba

#Cuba Fun Fact = “SCuba has the highest doctor-to-population ratio in the world and has sent thousands of doctors to more than 40 countries around the world. Cuban physicians played a leading role in combating the Ebola virus epidemic in West Africa.” See more here.

See you Friday for #FlagNo90!


Can you guess which country #FlagNo89 is from?

#FlagNo89

Because of the Holiday, the answer to #FlagNo89 will be posted on Tuesday! Have a great weekend and Happy Holidays!!


**The dedicated NYC immigration attorneys at The Shapiro Law Firm, LLC, have represented clients from over 100 countries across the globe. Click here to see for more countries that our clients come from or Contact Us to learn more.**

WYRWTK | Episode #17 | Violence Against Women Act (VAWA) – Who is Eligible & What are the Requirements?

Transcript: Hi, I am Attorney Shaffer. Today on “What You Really Want to Know” we take a look at who is eligible to get a green card through the Violence Against Women’s Act, also known as VAWA and what are the requirements to apply.

If you do not have a Green Card and you, or your child, were battered or abused by certain U.S Citizens, (“USC”), or Lawful Permanent Residents, (“LPR”), relatives, you may be eligible to file a Violence Against Women’s Act or VAWA petition. Despite the name, both men and women can apply for VAWA. Just like a marriage petition, a VAWA petition can be filed concurrently with the application to adjust status, which is the application to get you a Green Card. Unlike a marriage petition, you may still be eligible to file for VAWA and a Green Card even if you entered the country unlawfully, without the need for a waiver.

So what are the requirements to apply for VAWA? There are several.

  1. You have a qualifying relationship with an abusive USC or LPR. There are 3 categories of qualifying relationships: spouse, child and parent.

    • To file as a child:

      • You have to be under age 21, however you can file up to age 25, if the abuse caused the delay in filing;

      • You must be unmarried, and;

      • You must have been abused by a USC or LPR parent

    • To file as a Parent:

      • You must have a USC son or daughter;

      • You must have been subject to abuse by your USC son or daughter, and;

      • Your USC son or daughter must be age 21 or over when you file the petition.

    • And finally, to file as a Spouse of an abusive USC or LPR:

      • You have to either be currently married to the abusive spouse, OR;

      • Previously married to the abusive spouse. If you are no longer married to your abuser and your marriage was terminated by death or a divorce, you have 2 years from the date of the death or divorce to file the VAWA petition. In addition, if it was terminated due to divorce, the divorce must had to have been based on abuse.

  2. You must have lived with your abusive spouse, parent or child at some point for some period of time;

  3. You are a person of good moral character.

  4. Extreme Cruelty/ battery – In general, you have to have been the one who suffered battery/extreme cruelty by your USC or LPR relative, with one exception. If you are filing as an abused spouse, you can file based on the abuse your child suffered at the hands of your spouse, even if you personally were not the subject of the abuse, and;

  5. The final factor only applies if you are filing in the spouse or child category. If you are filing as an abused spouse or child, then you also have to show that either yourself or your parent entered into the marriage in good faith, and not solely to obtain an immigration benefit.

VAWA petitions are challenging due to the lack of available evidence. A lot of VAWA petitioners, unfortunately, are forced to run away from their marital home and either are unaware of the evidentiary requirements or are unable to preserve many of the key pieces of evidence needed to establish this eligibility. This is why it is essential to have an experienced VAWA lawyer assist you in the process, as we can ensure that you give yourself the best opportunity, the best chance possible to present your case and help you locate and obtain all of the necessary evidence.

VAWA petitions are sensitive in nature. The facts that lead someone to need to file one of these petitions are often upsetting, overwhelming and emotional. Many victims of abusive domestic relationship are unaware that they are even victims. In fact, many cases in our office for VAWA start when a client first comes into us because they are in the country unlawfully and either their marriage is on the rocks and there has been no marriage petition filed yet or the marriage petition before their marriage started to go bad and now they are worried because if they leave their spouse that will mean they will need to leave the US and most likely their chances of ever obtaining legal status in the US is looking like slim to none at that point. But after a brief discussion with many of these clients we a determine that the client is actually being abused. And we are able to determine this relatively quickly because abusive domestic relationships generally follow a similar pattern and display similar red flags. In these cases, our first concern is our client’s safety and we ensure this before we dive into any immigration matters. We first will discuss with the client what steps he or she should take to protect himself or herself. Depending on the circumstances, we have advised clients to do everything from immediately, that second, calling the police, to going to family court to file for an order of protection, leaving the marital residence for good, as well as many other precautionary measures. Once we know our client is safe, we will determine his or her eligibility to file a VAWA petition.

The important thing to know is that you are NOT alone and your abuser will NOT be notified if you file a VAWA petition. If you think that you may be eligible for VAWA or you afraid for you or a family members’ safety, contact us today for help.

That is all for this episode of “What You Really Want to Know.” Thanks for watching!


**Attorney Advertising** Please be advised that that all information provided above is general in nature and does not create an attorney-client relationship.**Attorney Advertising**

Case Status Update: Work Permits (EAD) Approvals, VAWA Prima Face Case Established, DHS Agrees to Remand I-130 Denial

Replacement of Initial Employment Authorization Documents (EAD) for Asylum Applicant – We received the following approval notices for a replacement of an initial Employment Authorization Documents (EAD) or Work Permits for a client (hereinafter “Y”), who is a native and citizen of Nigeria. Y is a rider on his father’s asylum application which is based on their religion. Y’s initial work permit was to her house but she never received it so she had to file for a replacement. The replacement card will be mailed to our office to ensure that it is not stolen or misplaced.

I-797, I-765- Applicant for Employment Authorization, Approval Notice


Initial Employment Authorization Documents (EAD) for Asylum Applicant – A client (hereinafter “Z”) is also a native and citizen of Nigeria. Z is a rider on his mother’s asylum application that is also based on religion. This is Z’s initial work permit. He and his family are awaiting their interview with the Asylum Office.

Form I-797C, I-765- Applicant for Employment Authorization, Approval Notice


Renewal Employment Authorization Documents (EAD: We also received the following approval notices for Work Permit (EAD) renewals:

  • A client, (hereinafter, “X”), who is a native of United Arab Emirates and citizen of Pakistan. X’s work permit is based on her pending asylum application. X is currently waiting for her first hearing before the Immigration Judge. Her work permit is valid for 2 years.

Form I-797C, I-765 Approval Notice


  • We also received an approval notice for a renewal work permit (EAD) for a client, (hereinafter, “W”), who is a native and citizen of Grenada. W’s work permit (EAD) is based on her pending adjustment of status application and marriage petition filed by her U.S. Citizen Husband. W and her husband came to us a few months ago because they did not initially use a lawyer to file their applications and it had been over a year since their marriage interview with USCIS, yet they had received no further communications from the government. We have since sent a case status inquiry letter to USCIS and are awaiting a response to find out what the hold up is. We are confident that we will receive a response from USCIS soon. In the meantime, W can continue to legally work while she waits.

Form I-797C, I-765 Approval Notice


  • Finally, we received an approval notice for a work permit renewal for a client, (hereinafter “V”), a native and citizen of Mali. V’s work permit is based on her grant of Withholding of Removal.V is required to renew her work permit every year to legally work in the United States.

Form I-797C, I-765 Approval Notice


Prima Facie Case Established for Violence Against Women’s Act (VAWA) Self-Petitioner We also received a notice that a VAWA Prima Face Case has been Established for a client, (hereinafter “U”), a native and citizen of Jamaica. U filed a for a Green Card as a VAWA Self-Petitioner based on the abuse and extreme cruelty that she has suffered at the hands of her U.S. Citizen spouse.

A Prima Face Determination does not mean that U’s VAWA petition will ultimately be approved. What it does mean is that U has presented some evidence of each element of a VAWA claim to move on to the next stage of adjudication. It is a necessary first hurdle that VAWA petitioners must get over. It also allows U to apply for certain public benefits while her petition is pending, which can be very helpful for spouses who had to flee their marital home.

Form I-797C, I-130 Approval Notice for Unmarried Child of U.S. Citizen


I-130 Marriage Petition Appeal of Denial – Department of Homeland Security (DHS) Agrees Case Needs to Be Reversed & Remanded – Finally, we received an excellent response to our appeal of the denial of an I-130 marriage petition for a client, (hereinafter “T”), who is a native and citizen of The Gambia.

T married her husband, a Naturalized U.S. Citizen, in March of 2014. T and her husband have 1 U.S. Citizen Child together. T’s husband filed a marriage petition on T’s behalf about a year after getting married. After filing, T and her husband attended 2 interviews with USCIS, the second of which was a Stokes Interview in January of 2016. They did not use an attorney for the filings or to attend the interviews with them.

In September of 2016, USCIS sent a Notice of Decision (NOD) denying the I-130 stating that they did not believe the marriage was real. The NOD based the denial on discrepancies between the answers of T and her husband during their interview and a lack of financial documentation. T and her husband were given 30 days to appeal this decision or it would become final. That is when T and her husband came to our office. Upon review of the NOD, it was clear that USCIS made factual and legal errors in makings its decision. USCIS is required to list each question where there was a discrepancy between the 2 answers and what each person answered. Although we were not at the interview, I was able to tell there were errors before I asked my clients to explain the divergent responses. The NOD also is required to list all of the documents submitted in support of the good faith marriage. The NOD only listed two items, but our clients submitted at least 8 separate types of documents as proof that their marriage is real.

It is very common for a client to come to us at this point in the process looking to appeal in the decision. If you do not appeal, you can always refile and try again. Of course there are risks involved if you have to re-file, but appeals are very hard to win and very expensive so in most cases they do not make sense. We will not agree to file appeals for clients if we do not think we will. Because of this approach, we have never had an appeal that we filed denied. Ultimately, if your appeal is denied, although you can re-file, you have just wasted a lot of time and a lot of money. That is why were are very honest with our clients about the likelihood of success of these appeals and will only do it if there clear errors were made.

So, after a little more than a year, we finally received a response from the Associate Counsel of USCIS who agreed with us! Now, the appeal is with the Board of Immigration Appeals (BIA) who must officially remand it back to USCIS so that USCIS can reverse its’ decision and approve the marriage petition. We hope to have the case back with USCIS soon so that the marriage petition can be approved and T can reopen her Green Card application.


We wish all of our recently-approved clients the best of luck!


**If you need representation in Removal/ Deportation proceedings or with help filing for immigration benefits, contact an experienced immigration attorney at The Shapiro Law Firm today to get started!**


(*please note that all identification information has been removed in order to protect our clients’ privacy and in order to fully comply with attorney advertising rules and regulations*)

#FlagNo88 = Serbia | #ForeignFlagFriday | Representing Clients Worldwide

#FlagNo88 = Serbia

#Serbia Fun Fact = “Serbia is the largest raspberry exporter, accounting for one third of all the raspberries in the world. Close to 95 percent of the world’s top quality raspberries come from Serbia.” See more here.

See you Friday for #FlagNo89!


Can you guess which country #FlagNo88 is from?

#FlagNo88

The answer to #FlagNo88 will be posted on Monday! Have a great weekend!


**The dedicated NYC immigration attorneys at The Shapiro Law Firm, LLC, have represented clients from over 100 countries across the globe. Click here to see for more countries that our clients come from or Contact Us to learn more.**

#FlagNo87 = Congo | #ForeignFlagFriday | Representing Clients Worldwide

#FlagNo87 = Congo

#Congo Fun Fact = “The great apes, such as the bonobos and the eastern lowland gorillas, can be found only in Congo.” See more here.

See you Friday for #FlagNo88!


Can you guess which country #FlagNo87 is from?

#FlagNo87

The answer to #FlagNo87 will be posted on Monday! Have a great weekend!


**The dedicated NYC immigration attorneys at The Shapiro Law Firm, LLC, have represented clients from over 100 countries across the globe. Click here to see for more countries that our clients come from or Contact Us to learn more.**

#FlagNo86 = Bahrain | #ForeignFlagFriday | Representing Clients Worldwide

#FlagNo86 = Bahrain

#Bahrain Fun Fact = “The British School of Bahrain holds the world record for the largest simultaneous coin toss. As part of World Maths Day in 2010, 1,117 staff and students took part in the toss which made it into the Guinness Book of Records.” See more here.

See you Friday for #FlagNo87!


Can you guess which country #FlagNo86 is from?

#FlagNo86

The answer to #FlagNo86 will be posted on Monday! Have a great weekend!


**The dedicated NYC immigration attorneys at The Shapiro Law Firm, LLC, have represented clients from over 100 countries across the globe. Click here to see for more countries that our clients come from or Contact Us to learn more.**

#FlagNo85 = Kuwait | #ForeignFlagFriday | Representing Clients Worldwide

Hope everyone had a #HappyThanksgiving!

#FlagNo85 = Kuwait

#Kuwait Fun Fact = “Kuwait is the first country to introduce camel racing in 2006 with robotic jockeys on board the animals.” See more here.

See you Friday for #FlagNo86!


Happy Wednesday! Due to Thanksgiving this week, we will be off on Friday, so we are bringing you a special Wednesday edition of #ForeignFlag Friday!

Can you guess which country #FlagNo85 is from?

#FlagNo85

The answer to #FlagNo85 will be posted on Monday! Have a great weekend and a Happy Thanksgiving!


**The dedicated NYC immigration attorneys at The Shapiro Law Firm, LLC, have represented clients from over 100 countries across the globe. Click here to see for more countries that our clients come from or Contact Us to learn more.**

Case Status Update: Approvals: Work Permits (EAD), Travel Documents, Alien Relative Petition, Naturalization, Removal Proceedings Terminated Based on Approved I-751 Self-Petition

Initial Employment Authorization Documents (EAD) for Asylum Applicants –We received the following approval notices for initial Employment Authorization Documents (EAD) or Work Permits for the following Asylum applicants:

  • A client (hereinafter, “X”), who is a native and citizen of Singapore. X’s asylum claim is based on her sexual orientation.

I-797, I-765- Applicant for Employment Authorization, Approval Notice


  • A client (hereinafter “Y”), who is a native and citizen of Nigeria. Y is a rider on his father’s asylum application which is based on their religion.

I-797, I-765- Applicant for Employment Authorization, Approval Notice


  • A client (hereinafter “Z”), a native and citizen of Mali. Z’s asylum claim is based on her membership in a particular social group relating to the practice of Female Genital Mutilation.

Form I-797C, I-765- Applicant for Employment Authorization, Approval Notice


Initial Employment Authorization Documents (EAD) & Advance Parole Travel Documents for Adjustment of Status Applicants (Based on Marriage to U.S. Citizen)- We also received the following approval notices for Work Permits (EAD) and Advance Parole Travel Documents based on pending marriage-based Adjustment of Status applications.

  • A client who is a native and citizen of Brazil:

Form I-797C, I-765 Approval Notice

Form I-797C, I-131 Approval Notice


  • A client who is a native and citizen of Nigeria:

Form I-797C, I-765 Approval Notice

Form I-797C, I-131 Approval Notice


  • Finally, we received approval notices for a client, (hereinafter “W”), a native and citizen of Guyana who married a Lawful Permanent Resident. W’s wife filed an I-130 Marriage Petition on his behalf and it was approved in 2015, but a visa number was not immediately available for W so he had to wait to file his Green Card application. In May of 2017, W’s wife became a Naturalized U.S. Citizen, bumping W up to the category of an Immediate Relative of a U.S. Citizen, and thus a visa number was now available for him and he filed the Green Card application, along with the applications for a work permit and travel document based on the pending adjustment application.

Form I-797C, I-765 Approval Notice

Form I-797C, I-131 Approval Notice


All of our adjustment applicants can now legally work and travel abroad while they wait for their Green Card interview.


Work Permit (EAD) Renewal Approved based on Order of Supervision (OOS) – We also received an approval notice for a work permit renewal based on an Order of Supervision for a client, (hereinafter, “U”), a native and citizen of Mali. U was ordered removed back in 1997 but never departed in the country. In 2012, DHS started requiring that U periodically appear at an ICE office to check-in with them for what is known as an Order of Supervision (OOS). So long as U does not decide to detain and deport U he is allowed to renew his work permit every year.

Form I-797C, I-765 Approval Notice


Work Permit (EAD) Renewal Approved Based on Deferral of Removal – We also received an approval for a renewal for permit for our client, (hereinafter “T”), a native and citizen of Cote d’Ivoire (Ivory Coast). T’s work permit is based on his grant of Deferral of Removal. This means that T is permit to reside in the United States permanently and renew his work permit every year, but he does have an Oder of Removal and does not have a path to a Green Card. If T becomes eligible for a Green Card through an alternative means, such as marriage to a U.S. Citizen, we can file a Motion to Reopen his case with the Immigration Court based on the new relief available. Regardless, T can legally remain and work here for the rest of his life.

Form I-797C, I-765 Approval Notice


I-130 Alien Relative Petition Approved for Stepchild of U.S. Citizen We also received an approval notice for an Alien Relative Petition for our client, (hereinafter “S”), a U.S. Citizen who filed for her Stepson, a native and citizen of Albania. S previously filed an Alien Relative Petition for her husband that was approved in 2015, but did not include her Stepson, a minor child, on the petition as well. She thus had to file a separate petition on his behalf. Now that the I-130 was approved, S and her Stepson will wait for the approval notice to be transferred to the National Visa Center where S’s Stepson will begin the Immigrant Visa process. Once he obtains his immigrant visa, he will be able to enter the United States as a Lawful Permanent Resident.

Form I-797C, I-130 Approval Notice for Unmarried Child of U.S. Citizen


Naturalization Application Approved – Last week, Attorney Shaffer accompanied our client, (hereinafter “R”), a native and citizen of Japan, to her Naturalization interview. T passed the English & Civics test with flying colors and was approved for Citizenship! This is T’s second attempt at applying for citizenship, her first using a lawyer, and is a textbook example of how different things can go when you do not use a lawyer for your immigration filings. T’s application was not denied because she was ineligible or lacked bad moral character, but based solely on the unstated discretion of her interviewing Officer. When T first came to us, she walked us through the interview and it was immediately clear that he was asking her inappropriate and irrelevant questions and was aggressive and abrasive towards her from the moment she began the interview. It was apparent that he was set out to deny her case from the beginning. The interview this week with Attorney Shaffer by her side was the polar opposite, despite submitting a nearly identical application. The interviewing officer this time stuck to the questions on the application, was very nice to T and granted her naturalization within 15 minutes of stepping not the room.

No, it is not supposed to be like this. It is not supposed to matter whether or not you use an attorney to represent you in your filing and/ or at your interview. Unfortunately, however, this is not the first horror story that we have heard and there does appear to be a double standard. The bottom line: do yourself a favor and hire a lawyer. Of course we always recommend this considering how complicated the immigration laws are. There is no such thing as a straight-forward immigration filing. Even a person with no criminal history or negative factors can run into problems as a result of mistake, confusion or USCIS error. A minor typographical error can turn into unruly delays in processing your application and even denials.

But if you need any more convincing to hire a lawyer to represent you in your immigration matter, let T’s experience be a lesson for you- right or wrong, USCIS interviews tend to be more amicable, less stressful and result in more favorable outcomes when an attorney prepares the filing and is present at the interview. When you have an experienced immigration attorney at The Shapiro Law Firm, LLC, representing you, it is like having a teammate referee the game. We ensure that you are treated fairly, are given the best opportunity to get approved and we are silently cheering you on the whole time!


Motion to Terminate Granted Based on Approved I-751 Petitions to Remove Conditions on Residence for Abused Spouse of U.S. Citizen and Her Son- Finally, the Immigration Judge granted our Motion to Terminate Removal Proceedings for our clients, natives and citizens of Jamaica, (hereinafter “Q” and “P”).Q & P obtained their Conditional Residence based on Q’s marriage to a U.S. Citizen. After she filed the I-751 Petition, her Spouse became very abusive, forcing her to obtain an Order of Protection from Family Court and file for Divorce. Her first I-751 was denied as it was filed jointly and her husband withheld the mail from her. Q and P did not even know about the denial until they are issued a Notice to Appear in Immigration Court. We then filed a new I-751 Petition for both her and her son, based on a marriage that was entered into in good faith but ended because of the U.S. Citizen’s abuse. After the I-751 was approved, we filed a Motion to Terminate with the Immigration Court and that Motion was Granted.

As a result, Q and P both have their 10-year Green Cards, and since their time as Permanent Residents now dates back to the date they initially received the Conditional Green Cards, they are already eligible for Citizenship! We plan to file for Q and P’s Citizenship in the new year. Q is thrilled that for the first time in years she can travel back to Jamaica to see her family and return to the U.S. without any concern.


We wish all of our recently-approved clients the best of luck!


**If you need representation in Removal/ Deportation proceedings or with help filing for immigration benefits, contact an experienced immigration attorney at The Shapiro Law Firm today to get started!**


(*please note that all identification information has been removed in order to protect our clients’ privacy and in order to fully comply with attorney advertising rules and regulations*)