The Immigration unit can provide immediate legal assistance to low-income people who:

Need help becoming U.S. citizens

Have suffered domestic violence

If you need to speak with someone, call the Immigration intake line at (213) 640-3900 or contact us.

To be eligible for LAFLA services, you must meet certain income requirements. You must also be either:

1. A U.S. citizen; or
2. A lawful permanent resident; or
3. A non-citizen who is married to a U.S. citizen, is the parent of a a U.S. citizen, or is the unmarried child of a U.S. citizen and has filed an application such as a visa petition, application for adjustment, cancellation of removal, or suspension of deportation or an I-360 under VAWA; or
4. A non-citizen who has been abused by a spouse or a parent.

Please see our referrals if you are:

• In deportation proceedings
• Seeking political asylum
• Interested in applying for permanent residency (Green Card)
• Requiring help with other kinds of immigration problems

Citizenship
For help with obtaining citizenship, call (213) 640-3918.

In order to become a U.S. Citizen:

1. You must be at least 18 years old.
2. You must be a lawful permanent resident for at least five years. However, if you obtained your permanent residency because of marriage to a U.S. Citizen and you are still married to that person, you can apply after only three years as a lawful permanent resident.
3. You need to have lived in the U.S. for at least half of the last five years (or half of the last three years if you are applying as the spouse of a U.S. Citizen).
4. You must have good moral character. If you have any criminal arrests or convictions, you must discuss that with us. If you do not come to our office, be sure to discuss your criminal arrest background with an attorney. Before filing, it is important for you to know whether any past crimes will affect your eligibility. There are certain crimes that will make you ineligible and could even result in your arrest and deportation.
5. You must be able to speak, read, and write basic English. The only exceptions are for people who are either:
• Fifty-five years or older AND have had their green care for at least 15 years
• Fifty years or older AND have had their green care for at least 20 years
6. You must be able to pass a test on U.S. History and Civics. The questions will come from a list of 100 possible questions. If you qualify, you may be able to take the test in your own language. If you are 65 years or older AND have had your green card for at least 20 years, you will be asked questions in your own language from a list of only 25 questions.
• There are many schools that offer classes in ESL and U.S. History and Civics. Call (213) 625-3276 for information on schools that offer such information.
7. If you have a mental or physical disability that makes you unable to learn English or pass the U.S. History and Civics test, you might still be eligible to become a U.S. Citizen. You will need a doctor or psychologist to state on an INS form called N-648 what your condition is and why the symptoms of your condition prevent you from learning English and/or passing the U.S. History and Civics.
8. You will have to take an oath of allegiance to the United States. There are some modified oaths that are permissible if your religion forbids you from taking the complete oath.

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Assisting Battered Immigrant Women

Violence Against Women Act (VAWA)
If you are an undocumented spouse or child of a U.S. Citizen or lawful permanent resident and you are being abused, you may be eligible to obtain your green card under a law called the Violence Against Women Act.

In order to apply under this law you must prove:

1. That you are the spouse or child of either

a. United States Citizen
or
b. Lawful Permanent Resident (Green Card holder)

You can establish this by providing a copy of his U.S. birth certificate, his U.S naturalization certificate, or his green card.


2. You have been "battered" or "subjected to extreme cruelty" by the U.S. citizen/Lawful Permanent resident spouse or parent.

You can prove abuse by providing any of the following documents:
• Police reports
• Court documents
• Restraining orders
• Medical reports
• Letters from battered women's shelters
• Letters from counselors and/or witnesses
• Your declaration


3. Your marriage was entered into in "Good Faith" (it is not a fraudulent marriage). You can prove that your marriage to your spouse is legitimate by providing any of the following documents:
• Birth certificates of your children
• Joint tax forms
• Joint bank accounts
• Joint credit cards
• Rental agreements in both names
• Any other documents that show you have been living together


4. You are a person of "Good Moral Character".

You can prove Good Moral Character by getting police or court clearances which state that you do not have a criminal record.


5. You have resided in the US with the abuser.

You can prove that you have lived with the abuser by providing documents listed above in good faith marriage.

If you are a domestic violence victim and you feel you are eligible to apply for a green card under this law, please call our intake line at (213) 640-3900.

Waiver for Conditional Residents
If you have a temporary or conditional green card which is going to expire and your spouse is refusing to help you obtain your permanent residence (green card), you may be eligible to proceed without him/her.

There are three (3) different grounds for filing a waiver of the requirement to jointly file the petition to remove the conditions of residence with your spouse:

1. Good Faith Marriage
If your marriage has ended in divorce, you may apply for a waiver of joint filing requirement based on your "good faith" when you entered into the marriage. This means that your marriage is not fraudulent.

In order to file for this waiver, you must submit proof of a final divorce decree or proof that you have filed for a divorce. In addition, you can prove that your marriage to your spouse is legitimate by providing any of the following documents:

• Birth certificates of your children
• Joint tax forms
• Joint bank accounts
• Joint credit cards
• Rental agreements in both names
• Any other documents that show you have been living together

2. Spouse or Child who has been battered or subjected to extreme mental cruelty by spouse or parent
If you can show that you married your spouse in good faith, but that your spouse either physically abused you or your child, or subjected you to extreme cruelty, you are eligible for this waiver.

Some examples establishing that you have been abused are the following documents:

• Police reports
• Court documents
• Restraining orders
• Medical reports
• Letters from battered women's shelters
• Letters from counselors and/or witnesses
• Your own declaration

3. Extreme Hardship
You may file for a waiver of the joint filing requirement based on the "extreme hardship" you will suffer if you were to be removed from the United States. The hardship could also be to your child.

Some examples of extreme hardship are:

• Country conditions in your home country
• Medical needs
• Length of residence in USA
• Ties to community in USA
• Family residing in USA
• Children born in USA or children acclimated to USA

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U Visas
A new nonimmigrant visa was recently created to allow women and children who are victims of certain crimes to remain in the USA lawfully if they participate in the investigation of the crimes committed against them and in the prosecution of the perpetrators.

To be eligible for the U visa, an undocumented immigrant woman or child must prove all the following:

• She has suffered substantial physical or mental abuse as a result of having been a victim of criminal activity
• She possess information concerning criminal activity
• She has been helpful, is being helpful, or will be helpful to a federal, state, or local law enforcement official, judge or
• prosecutor in investigating or prosecuting the criminal activity
• That the criminal activity violated the laws of the USA

These crimes include: rape, torture, trafficking, incest, domestic violence, sexual assault, abusive sexual contact, prostitution, sexual exploitation, female genital mutilation, holding hostage, peonage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, blackmail, extortion, manslaughter, murder, felonious assault, witness tampering, obstruction of justice, perjury, or attempt, conspiracy, or solicitation to commit any of the above-mentioned crimes.

The applicant must provide a certification from a law enforcement official, prosecutor, judge or local authority investigating the criminal activity, stating that the immigrant has been helpful, is being helpful, or is likely to be helpful in the investigation or prosecution of the criminal activity.

The applicant will first be granted lawful temporary resident status and employment authorization. After three years, the applicant can file for LPR status if he/she can show that his/her presence in the USA ensures family unity or is in the public interest.

LAFLA will assist those women who are married to their abusers or children of abusers in filing for U Visas.

If you are a domestic violence victim and you believe you are eligible to apply for a green card under these laws, please call our intake line at (213) 640-3900.

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Immigration Referrals

These nonprofit agencies may be of further assistance to you in your immigration case, however, they do charge a fee for their services. Contact them directly for information about their services and fees.

Asian Pacific American Legal Center	(213) 748-2022
CARECEN	(213) 385-7800
ASOSAL	(213) 483-1244
Catholic Charities	(213) 251-3400
El Rescate	(213) 387-3284
International Institute	(213) 264-6210
Los Angeles Count Bar Immigration Project	(213) 485-1872

To find a private attorney, please call the LA County Bar Lawyer Referral Service at (213) 243-1525.