FACT PATTERN ONE

Wilma is a 65-year-old married woman originally from the Philippines who came to the United States in 1999 on a tourist visa and overstayed. She has worked as a nanny and a housekeeper since then to send money back home for her husband and children's education. Her son, Ronny, came to the United States in 2005 after being petitioned by his wife, who is a U.S. citizen. They have two kids who Wilma also helps to take care of. Ronny has never applied for citizenship and continues to hold lawful permanent residence.

About 6 months ago, Wilma found out that her husband in the Philippines, Nestor, had been cheating on her with another woman for years. Wilma was devastated. She pleaded with her son, Ronny, to help her with her immigration status so that she could return to the Philippines to be able to mend things with her husband and then return to the United States. Ronny refused to and said that it was her mother's fault that his father was cheating on her because she left him to come to the United States. Ronny says she should just go back to the Philippines. Wilma has reached out to you to ask if there is anything that can be done for herself. Alternatively, she has two other adult children in the Philippines (Grace, who is unmarried & Paula, who is married) that she wants Ronny to help petition.

As you begin looking into her case, Wilma tells you that her son, Ronny, has a friend who also needs assistance who she refers to you. This friend's name is Melanie and she is also originally from the Philippines. She has just returned to New York from California where she was living with her U.S. citizen husband, Tony. Her husband had petitioned for her and she was waiting for her nearly 18 months for her green card interview which hadn't happened yet. However, she had to leave California and come back to New York because the marriage had become extremely problematic. A week before she came back to New York, Tony found out that she was having an affair with another man. He found out because he had set up an i-pad in their bedroom to spy on her. When he found out, he came home and they had an argument. He called her mother and other relatives to tell them that she had had an affair. He called her derogatory names and she became fearful. Not being able to secure space in a shelter, she stayed in a hotel until she could come back to New York.

Upon asking her for more information regarding their relationship prior to this incident, you learn that other events had occurred in their relationship with one another. He would persistently call whenever she was out to see where she was. He would be very jealous and had at times physically blocked her from leaving their apartment. At other times when they had fights, he would say that he would kill himself if she ever left him and he even attempted to hang himself one night. They had gotten into a verbal argument one month prior where he threatened to smash her telephone with a hammer. She had called a friend Lisa to pick her up, and he followed her out to the car wielding the hammer and physically tried to prevent her from entering Lisa's car. She stayed at Lisa's that night and attempted to leave Tony the next day. She went to the police to get an escort to retrieve some of her belongings because she was afraid and then went to work. Tony came to her work later that night, a restaurant where she was a waitress, and was pressured by him and his family members, who worked at the same restaurant, to work things out with him. Melanie returned with Tony that night. As you continue asking Melanie questions, you learn that the man who she had an affair with was Ronny.

FACT PATTERN TWO

Marvin was born in the Dominican Republic on March 20, 2005. His parents were married when he was born. They are still legally married but have not lived together since Marvin was two years old. In fact, Marvin has only spoken to his mother a handful of times over the past 10 years and she does not support him otherwise. Marvin came to the United States with his father, who is also a citizen of the Dominican Republic five years ago on tourist visas and they both overstayed. He lives with his father and does not have anyone to live with if he has to return to the Dominican Republic. He is doing well in school and has Aunts and Uncles here in the United States who also help take care of him here.

Questions for Fact Pattern #1

Questions 1 (2 Points): If Ronny changes his mind and agrees to help his mother, what would he have to do first before he could petition for her? Once he does that, what would be the process to petition for his mother?

Question 2 (3 Points): Imagine that Ronny became a U.S. citizen and Wilma becomes a Legal Permanent Resident. According to this month's Department of State Visa Bulletin, what would be the priority date for Ronny's siblings is he petitioned for them? What about if Wilma petitioned for Grace and Paula?

Question 2 (6 Points): What option does Melanie have now that she has left her husband prior to adjusting status to a green card holder? What would she have to prove? According to these facts, do you think she would succeed and why?

Questions for Fact Pattern #2

Question 5 (2 points): Based only on the facts above, can Marvin possibly apply for a green card based on the facts above through SIJS? What is the process and what would you argue on behalf of Marvin?

Question 6 (1 point) If Marvin goes through SIJS and gets his green card, can he then petition for his father? Why or why not?

Question 7 (2 points): Imagine that you learn that Marvin's mother is actually a US citizen. Does Marvin have another option now to remedy his immigration status? Why or why not?

Short Answer Questions

Question 8 (2 points): What are 2 differences between a U Visa and VAWA?

Question 9 (2 points): What are two ways that children may be treated differently either in immigrating or acquiring citizenship if they were born to married parents as opposed to unmarried parents?