Legal Aid of North Carolina

Toll-free Intake Line: 866 204-7612 (bilingual English and Spanish)

Charlotte office, Battered Immigrant Project
  1431 Elizabeth Avenue, Charlotte, NC 28204
  1-800-738-3868 x 215 (toll-free); Fax: 704-971-0180

Raleigh office, Battered Immigrant Project
  224 S. Dawson Street, Raleigh, NC 27601
  1-866-219-5263 (toll-free); Fax: 919-839-8370

Wilmington office, Battered Immigrant Project
  272 N. Front Street, Suite 412, Wilmington, NC 28401
  1-866-491-5722 (toll-free); Fax: 910-343-5788

Also, click here to find the Legal Aid of NC office nearest you.

Frequently Asked Questions (FAQs):

(Click here to read disclaimer)

• What types of immigration cases does LANC handle?
  
  LANC´s Battered Immigrant Project provides immigration assistance and some family law assistance primarily to immigrants who have been abused by their spouses.

• I am married to a US citizen or a legal permanent resident, but I have been a victim of domestic violence and my abusive spouse will not help me with immigration. What can I do?
  
  Depending on your circumstances, you may be eligible to file a self-petition under the Violence Against Women Act (VAWA) without any help from your spouse. In order to self-petition, you must prove that you are married to a US citizen or legal permanent resident, that you married your spouse in good faith, that you have resided with your spouse in the United States, that you have been physically abused or subjected to extreme mental cruelty by your spouse, and that you have good moral character. This remedy would allow you to remain in the US, apply for work authorization, become eligible for some public benefits, and eventually get a “green card,” which is a card that indicates that you have become a legal permanent resident.
  For more detailed information about VAWA, please visit http://www.womenslaw.org/immigrantsVAWA.htm.

• I am a conditional resident of the United States (i.e., I have a green card that expires in two years.), but my US citizen spouse has abused me and will not help me file the petition to remove the conditions on my residence. What can I do?
  
  Depending on your circumstances, you may be eligible to file for a waiver of the joint filing requirement to remove the conditions on your residence. In order to qualify for a waiver of the joint filing requirement based on being abused by your spouse, you have to prove that you are a conditional resident, that you married your husband in good faith, and that you have been physically abused or subjected to extreme mental cruelty by your husband.

• I am married to an undocumented person who has committed a crime of domestic violence against me, and I have suffered as a result of being a victim of this crime. What can I do?
  
  Depending on your circumstances, you may be eligible to apply for a U-Visa (also called Crime Victim Visa) to remain in the US, get work authorization, and possibly get a “green card” later on. To qualify for a U visa, you have to prove that a crime of domestic violence was committed against you, that you suffered substantially as a result of being a victim of this crime, and that you have cooperating, are cooperating, or will cooperate with the authorities in the investigation and/or prosecution of the crime. In order to apply for a U visa, you also have to obtain a certification from law enforcement to this effect.
  For more detailed information about U-Visas, please visit http://www.womenslaw.org/immigrantsUvisa.htm.
  

• I have been a victim of a crime of domestic violence committed by my boyfriend, not my spouse? Can I still qualify for a U visa?
  
  In order to qualify for a U visa, you do not have to be married to the person who committed the crime of domestic violence against you. However, due to federal restrictions, the BIP can only assist victims of crimes who have been abused by their spouses. If you have been abused by a boyfriend and think that you may qualify for a U visa, the North Carolina Justice and Community Development Center may be able to visit you. Please visit their website, http://www.ncjustice.org/cms/index.php?pid=67, and review the information under “Immigrant Issues”. Their contact information is listed on their website.

• Will a LANC attorney help me with a VAWA self-petition (I-360), Petition to Remove Conditions on my Residence (I-751), U-Visa or T-Visa?
  
  LANC BIP attorneys assist eligible clients with VAWA self-petitions (I-360), Petitions to Remove Conditions (I-751), U-Visas, T-Visas, Applications to Adjust Status (I-485) and Applications for Work Authorization (I-765). For more information or to request that an attorney represent you in one of these matters, please call our toll-free line, 1-866-204-7612.  If your case is assigned to an attorney, you will be sent forms that you will need to sign and return. These will include a retainer agreement and a FOIA (Freedom of Information Act) form that will allow LANC to request a copy of anything that USCIS (United States Citizenship and Immigration Services) already has on file related to your case. LANC attorneys may not be able to start your case immediately due to a backlog of cases; however, returning the FOIA and retainer agreement promptly will allow your attorney to begin gathering information needed for your case right away. You may also be sent a list of documents that help support a VAWA self-petition (link to document). You should begin gathering any of these documents that are available to you.

• Can the LANC BIP help me with another type of immigration case, other than the ones listed above?
  
  If you are an agricultural worker who has become a temporary resident alien or an H-2 worker and have problems with your employer, you should contact the LANC Farmworker’s Unit.  If you are seeking assistance with asylum, temporary protected status, family-based petitions, naturalization or other types of immigration cases that Legal Aid may not handle, please visit the North Carolina Justice Center website and review the information under “Immigrant Issues”, http://www.ncjustice.org/cms/index.php?pid=67.   Another useful website may be the United States Immigration and Citizenship Services, http://uscis.gov/graphics/index.htm.

Battered Immigrant Project (BIP) Staff

• Rona Karacacova, Esq., BIP Coordinator, (Charlotte Office)
• Jennifer Stuart, Esq., Staff Attorney (Raleigh DVPI Office)
• Hope Williams, Esq., Staff Attorney (Durham Office)
• Roselle Margolis, BIP Paralegal/Intake Coordinator (Wilmington Office)
• Mulcahy, Katie, Paralegal (Charlotte Office)
• Dora MacDonald, Paralegal (Charlotte Office)