Visas for Victims of Crime & Domestic VIolence

 

Our team is committed to the safety of all our clients and work together to ensure not only their safety, but that they feel that they are in a safe place when working with us.

Please contact us to evaluate your options as victim of a crime or domestic violence. if you feel you are in immediate danger, please call 9-1-1.

U Nonimmigrant Visa (U-Visa)

The U nonimmigrant status visa, better known as the “U-Visa”  is a visa diving deferred status to victims of certain qualifying crimes who have suffered mental or physical abuse and are or were helpful to law enforcement or government officials in the investigation or prosecution of criminal activity.

 

In order to be eligible for a U-Visa, you must:

  • You are or were the victim of qualifying crime.

  • You have suffered substantial physical or mental abuse as a result of having been a victim of that crime

  • You have information about the criminal activity.

  • You were helpful, are helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime.

  • The crime occurred in the United States or violated U.S. laws.

  • You are admissible to the United States.

Through the U-Visa application process, you may be able to include certain qualifying relatives in your application. If an applicant is under the age of 21, they may petition for their spouse, children, and unmarried siblings under the age of 18. If an applicant is over the age of 21, they may petition for their spouse and children.

As a U-Visa recipient, you may apply for eligible family members. Certain family members of principal U nonimmigrant status (U-1 visa) holders, who are living either in the U.S or abroad, may be eligible to apply for green cards when the principal applicant does so -- even though they were left out of the original application for U status or the relationship arose after it was granted.

If a U-Visa case is approved, one is eligible to apply for a green card after having met certain requirements as a U-Visa holder.

To be eligible for VAWA:

  • Spouses and former spouses of abusive U.S. citizens or lawful permanent residents. Divorced spouses may self-petition if the termination of the marriage was related to the abuse and if the application is filed within two years of the termination of the marriage.

  • Children of abusive citizens or lawful permanent residents who file before turning 25.

  • A noncitizen parent of an abused noncitizen child, even if the noncitizen parent is not herself abused.

  • Non-citizen spouses whose children are abused by the child’s other U.S.-citizen or LPR parent.

In addition to proving abuse, a self-petitioner must also prove:

  • Good faith marriage if the abuser is a spouse or step-parent;

  • The relationship to the abuser;

  • The immigration status of the citizen or LPR spouse, parent, or child;

  • Good moral character;

  • Residence with the abusive family member.

Parent-child relationship if the applicant is a non-abusive noncitizen parent whose U.S.-citizen or LPR spouse perpetrated the abuse.

VAWA

The Violence Against Women Act (VAWA) allows battered immigrants to petition for legal status in the United States without relying on abusive U.S.citizen or legal permanent resident spouses, parents or children to sponsor their Adjustment of Status. Unlike the U-Visa, a police report is not needed to process a VAWA petition. Victims may also self-petition if they are divorced as long as the marriage to the abusive spouse was terminated within two years of filing the petition, and there is a connection between the divorce and the domestic violence.

 

Please contact us to evaluate your options as victim of a crime or domestic violence.

If you feel you are in immediate danger, please call 9-1-1.