Benitez Family Law

Frequently asked questions about Immigration

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Frequently Asked Questions

What familiesNeed to Know

Straightforward answers to the most common questions about our services, process, and what to expect when working with us.


OUR SERVICES

  • your U.S. citizen or lawful permanent resident spouse;
  • your U.S. citizen or lawful permanent resident parent; or
  • your U.S. citizen son or daughter who is at least 21 years old.

VAWA protects both women and men. The abuse does not have to be physical. Threats, financial control, humiliation, isolation, and severe emotional abuse may also qualify.

Generally, you must show that you lived with the abuser and that you are a person of good moral character. If your case is based on a marriage, you must also show that the marriage was entered into in good faith. A police report is not required, and USCIS does not notify the abuser that you filed the petition.

What kinds of immigration cases do you handle?

USCIS filings: family petitions, VAWA, U Visas, adjustment of status, work permits, waivers, affirmative asylum, and DACA. If your case is in immigration court, we are glad to recommend a colleague

Do you handle deportation or immigration court cases?

We do not handle cases in immigration court. If your case is already in court, we are happy to refer you to a trusted colleague who handles this type of defense.

Can I consult if I don't have legal status?

Yes. You do not need to have legal status to consult with us. Everything you tell us is confidential and protected by attorney-client privilege. During the consultation, we will review your situation and clearly explain what options may be available in your case.

What is VAWA and who qualifies?

VAWA is an immigration protection that allows certain individuals who have suffered abuse to apply for legal status on their own, without depending on the family member who abused them.

You may qualify if you have suffered physical abuse or extreme cruelty by:

Can I petition for my spouse, parents, or children?

It depends on your immigration status and your relationship to the person. U.S. citizens may petition for their spouse, children, parents, and siblings. Lawful permanent residents may petition for their spouse and unmarried children. Waiting times and requirements vary significantly depending on the case.

During your consultation, we can tell you whether you are eligible to file a petition and what to expect.

Are you notaries?

It depends on your immigration status and your relationship to the person. U.S. citizens may petition for their spouse, children, parents, and siblings. Lawful permanent residents may petition for their spouse and unmarried children. Waiting times and requirements vary significantly depending on the case.

During your consultation, we can tell you whether you are eligible to file a petition and what to expect.

What language is the consultation available in?

In Spanish or English, whichever you feel more comfortable with. Our office is bilingual, so you do not need to bring an interpreter or ask a family member to explain your case for you.

What is the U Visa?

It is a protection for victims of certain crimes who cooperated with the police. It can provide status and a work permit. It requires certification from the police or prosecutor, and not every crime qualifies

What is the difference between VAWA and the U Visa?

VAWA is for abuse within the family by a citizen or resident. The U Visa is for victims of crimes who cooperated with the authorities, regardless of who committed the crime. Some people qualify for both. We review it at the consultation.

How long will my case take?

It depends on the type of filing and USCIS’s workload, which changes often. At your consultation we give you the current estimate and keep you informed as the case moves.

What if I already have a custody or divorce case with you?

The same team that knows your family case handles your immigration filing. You don’t have to repeat your story or find another office.

Do you offer video consultations?

Yes. USCIS filings are federal, so we can help you by video from anywhere in North Carolina

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