VAWA (Violence Against Women Act)
VAWA was passed in 1994 to protect undocumented immigrants who have been abused. To qualify for VAWA, a victim must prove that they have been subjected to abuse by a U.S. citizen or legal permanent resident spouse, child or parent. The victim can apply (“self-petition”) for VAWA without the consent and knowledge of the abusive relative.
As an abused spouse, you are eligible to self-petition for VAWA if you are 1) married to an abusive U.S. citizen or LPR spouse, 2) suffered battery or extreme cruelty at the hands of your spouse, 3) have resided or are residing with your spouse, 4) are a person of good moral character, and 5) you entered into your marriage in good faith. An important fact to keep in mind is that you may still apply for VAWA after your marriage was terminated by death or divorce, but you must file your petition within 2 years of your spouse’s death or the divorce. As an abused child, you are eligible to self-petition for VAWA if you have been abused by a U.S. citizen or LPR parent and you are under 21 years old and unmarried. Keep in mind, that under certain circumstances, you may apply for VAWA up until you are 25 years old. As an abused parent, you are eligible to self-petition for VAWA if you have been abused by a U.S. citizen child. This is a brief explanation of VAWA and there are other eligibility requirements to consider. This is why it is important that you speak to an experienced immigration attorney.
Once approved for VAWA, a green card is not automatically granted to you. You must petition for your green card, which requires several applications, evidence, and filing fees. VAWA is a complicated law and there are many factors to consider and evidence to compile before applying. We are experienced in these cases and are happy to discuss your case with you. CALL OUR OFFICE TODAY TO GET STARTED.
Frequently Asked Questions:
- Can I apply for a green card at the same time that I apply for VAWA?
- Can I list my children on my petition?
- Am I eligible for a waiver if I have lived unlawfully in the U.S.?
- Will I get my work permit while I wait for the decision on my application?
U VISA (VICTIMS OF CERTAIN CRIMES)
The U visa was created in 2000 and it provides U status to undocumented immigrants who 1) have been victims of certain crimes, 2) suffered substantial mental or physical abuse due to the crime, 3) are helpful to law enforcement or the prosecution in the investigation or prosecution of the crime, and 4) the crime must have occurred in the U.S. If the victim is under 16 years old or cannot provide information due to a disability the victim’s parent, guardian, or next friend may step in and assist in the investigation and U visa process.
A few of the qualifying crimes for U visa status are domestic violence, felony assault, abusive sexual contact, stalking, and witness tampering. A U visa principal petitioner may file for their qualifying family members (“derivatives”) who are eligible for a U visa based on their derivative relationship with the principal petitioner. To apply for a U visa, you must file a certification, along with the application and a significant amount of evidence. Do not forget the waiver application if you are inadmissible due to a negative immigration history, criminal history, or other inadmissibility issues.
Once approved for U visa status you are eligible to petition for your green card, which requires several additional applications, evidence, and filing fees. Like VAWA, U visas are very confusing and there are many factors to evaluate and evidence to compile before applying. It is best to consult with an experienced immigration attorney. If you have been a victim of a qualifying crime we are here to help. CALL OUR OFFICE AND SCHEDULE YOUR CONSULTATION.
Frequently Asked Questions:
- Can I petition for my spouse or children?
- How long does the process take?
- What steps must I take to be eligible for a U visa?
T VISA (VICTIMS OF HUMAN TRAFFICKING)
The T Visa was created in 2000 to provide immigration relief to immigrant victims of human trafficking. Human trafficking includes sex or labor trafficking and the trafficking must have occurred in the U.S. The victim must reasonably comply and assist in the investigation or prosecution of the crime; however, there are exceptions that may allow a victim from being involved in the investigation or prosecution. The T Visa process is lengthy and a victim must prove that if they were removed from the U.S. they would suffer extreme hardship. It is important to always keep in mind that even a victim might be inadmissible due to criminal history or unlawful presence and this is when waivers come in.
Once approved, the U.S. federal government allows victims to be eligible for services and benefits. T visa status is temporary and can be extended upon request to USCIS. After three years of continuous presence in the U.S. the T visa recipient is eligible to petition for a green card. Similar to VAWA and U visas, T visas require a lot of work, evidence, and filing fees. It is best to consult with an experienced immigration attorney who knows the law and process. Let us help you obtain legal status. CALL OUR OFFICE TODAY AND SCHEDULE YOUR CONSULTATION.
Frequently Asked Questions:
- When does the three year continuous presence requirement start?
- Can I petition for my family?
- What if I don’t have a lot of evidence to prove that I was trafficked?
SIJS (SPECIAL IMMIGRANT JUVENILE STATUS)
SIJ status provides immigration relief to minors that have been abused, abandoned, or neglected by a parent(s). There are several requirements to qualify for SIJS, which include 1) you must be under 21 years old, 2) currently living in the U.S., 3) be unmarried, 4) obtain a court ruling that you have been abused, abandoned, or neglected, and 5) that it is not in your best interest to be returned to your home country. This is a brief synopsis of SIJS and like other forms of immigration relief the facts of your case must be analyzed by a trained and experienced immigration attorney. An experienced attorney will know what particular law, language, and facts a court order must include for USCIS to approve your case.
Once approved, the individual may petition for a green card; however, the visa bulletin must be current for the SIJS classification immigrant visa category. It is critical to seek guidance from a trusted attorney who knows both civil law and immigration federal law. We are experienced and practice in both areas of law and we are ready to successfully navigate you through the process. CALL TODAY FOR YOUR CONSULTATION.
Frequently Asked Questions:
- Can I petition for my non-abusive parent?
- What is considered abuse, abandonment or neglect?
- Must I testify in court to the abuse, abandonment or neglect that I experienced?
