Visas for victims of crime, domestic violence, and human trafficking
What is the Violence Against Women Act (“VAWA”)?
VAWA permits abused spouses and family members to leave their abusers without fear of deportation or other immigration consequences when their immigration status rests on the petition of – and therefore is in the control of – an abusive spouse or family member.
Is it applicable only to women?
No. It applies to both women and men.
What is the process?
Spouses, children, and parents who have suffered physical abuse or extreme mental cruelty from U.S. citizen or permanent resident may pursue their own permanent residence or visa status independent of the abusive family member (self-petition).
What is a petitioner required to prove?
The petitioner is required to demonstrate (1) good moral character on the part of the victim, (2) joint residence with the abuser, (3) abuse, which includes physical battery or extreme mental cruelty, (4) and that s/he is or was in a valid, good faith marriage to the abuser (U.S. citizen or permanent resident).
What would be my status if I succeed?
Once the self-petition is approved, the petitioner is placed in the same status that s/he would have been in had the abusive family member filed the petition.
Does it fix my status if, for instance, I am “inadmissible”?
No, a waiver of the ground of inadmissibility in order to obtain permanent residence is required. But if a victim of physical abuse or extreme mental cruelty from U.S. citizen family member is in removal proceedings, s/he may be eligible for special rule cancellation of removal under VAWA.
Where can I find more information?
Here.
What is U visa?
The U nonimmigrant status (U visa) is set aside for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity.
What are basic requirements of U visa?
It is available to those who can demonstrate (1) “substantial suffering” as the result of physical or mental abuse resulting from being the victim of certain criminal activity, (2) that they possess information about that criminal activity, (3) that they have been, are being, will be, or are likely to be helpful to Federal, State, or local law enforcement authorities in investigating the criminal activity, (4) the criminal activity violated the laws of the U.S. and occurred in the U.S. or in territories of the U.S., and (5) the law enforcement authority certified that victim has provided helpful information and cooperated.
Can my family members benefit if I am eligible for U visa?
Petitioner under 21 may petition on behalf of his/her spouse, children, parents and unmarried siblings under age 18. Adult petitioner may petition on behalf of his/her spouse and children.
Is it still available if I am “illegal immigrant”?
Yes.
Is there a limit of U visas issued every year?
Yes, but if no visa is available, the victim will be granted “deferred action” status until U visa is available.
Can I eventually apply for a green card?
Yes, you may be able to adjust your status to “permanent resident” after 3 years of continuous presence in the U.S.
Where can I find more information?
What is T visa?
T visa is a temporary immigration benefit that enables certain victims of a severe form of human trafficking to remain in the U.S.
What is considered “human trafficking”?
Sex trafficking (e.g., when someone recruits, harbors, transports, provides, solicits, patronizes, or obtains a person for the purpose of a commercial sex act, where the commercial sex act is induced by force, fraud, or coercion, or the person being induced to perform such act is under 18 years of age) or labor trafficking (e.g., when someone recruits, harbors, transports, provides, or obtains a person for labor or services through the use of force, fraud, or coercion for the purpose of involuntary servitude, peonage, debt bondage, or slavery).
What am I required to prove in order to obtain T visa?
The applicant must demonstrate that s/he has been a victim of trafficking, that s/he is in the U.S. as a result of the trafficking, that s/he has complied with any reasonable law enforcement requests for assistance in the investigation or prosecution of the activity, and that s/he will suffer “extreme hardship involving unusual and severe harm” if removed from the U.S.
Can my family members benefit if I obtain T visa?
Yes, T visa is also available for certain qualifying family members of trafficking victims.
Can I eventually apply for a green card?
Yes, you may be able to adjust your status to “permanent resident”.
Where can I find more information?
Here.
MVDG Law can help you with these matters. If you need our help or would like us to evaluate your case, please contact us.