by – Glen Palaca Hubahib, Esq.
The world is in a flux right now: Israel tenuous ceasefire with Hezbollah; President Trump wants Gaza ceasefire and hostage deal before his inauguration; the French Premier is forced out leaving the EU’s second-largest economy to a caretaker government; Ukraine war is escalating with ballistic missiles from Russia; the South Korean President declared martial law only taking it back after facing strong opposition.
People at a rally condemned South Korean President’s surprise declarations of the martial law and to call for his resignation. REUTERS/Kim Hong-Ji.
Additionally, President Trump plans to impose tariff on all imported goods. With China made goods likely levied from 60% to 100% in order to protect US business and jobs. How this plays out, remains to be seen in 2025. The year 2024, otherwise known as the year of the Dragon, is going out spewing with fire and slither into the year 2025, otherwise known as the year of the Snake.
Out west across South China Sea, the Philippine Vice President is now facing impeachment with national elections six (6) months away. The administration is investing huge political capital going after perceived enemies instead of focusing on governance – food, job, work, prices, infrastructure and quality of life. Anomalous transactions come into fore – transfer of funds, manipulation of budget, sale of government assets without consultation and in the dark to favored and pre-selected groups. These are issues that voters should consider who to elect as current national and local leaders are so very quiet.
Now we continue our immigration discussion on a special immigrant visa for abused spouses, their children and parents.
Visa for abused spouses, children and parent:
With the passage of the Violence Against Women Act of 1994 (VAWA), Congress provided non-citizens who have been abused by their U.S. citizen or lawful permanent resident relative the ability to independently petition for themselves (self-petition) for immigrant classification without the abuser’s knowledge, consent, or participation in the immigration process. This allows victims to seek both safety and independence from their abusers.
Calgary United Way
Spouses and children of U.S. citizens and lawful permanent residents, and parents of U.S. citizens who are 21 years of age or older, may file a self-petition for immigrant with USCIS. VAWA self-petitioners may seek legal permanent residence and obtain a Green Card. This can be done either by consular processing if the approved self-petitioner is outside the United States or by applying for adjustment of status if the approved self-petitioner is in the United States.
You are eligible for a VAWA self-petition if you demonstrate the following eligibility requirements:
1. You have a qualifying relationship as a spouse to a U.S. citizen or permanent resident abuser; your marriage to the abuser was legally terminated by death (U.S. citizen spouses only) or a divorce (for reasons related to the abuse) within the 2 years prior to filing your petition; your spouse lost or renounced citizenship or permanent resident status within the 2 years prior to filing your petition due to an incident of domestic violence; or, you believed that you were legally married to your abusive U.S. citizen or permanent resident spouse but the marriage was not legitimate solely because of the bigamy of your abusive spouse.
2. You are a child of an abusive U.S. citizen or lawful permanent resident parent; or parent of an abusive U.S. citizen son or daughter who is 21 years old or older.
3. You were subjected to battery or extreme cruelty by your U.S. citizen or lawful permanent resident relative during the qualifying relationship
4. You are residing or have resided with your abusive U.S. citizen or lawful permanent resident relative; and
5. You are a person of good moral character.
6. If you are self-petitioning as the spouse of an abusive U.S. citizen or lawful permanent resident, you must also demonstrate that you entered into the marriage in good faith and not for the purpose of evading immigration laws.
[Note: Glen Palaca Hubahib is admitted to practice law in California and the Philippines. He also holds Electrical Engineering and MBA degrees. The article is for information only and is not legal advice. Send your comments to the author at hubahibg@gmail.com.]