u-visa

U Visa and VAWA

WHEN LOOKING FOR HELP AS A VICTIM OF DOMESTIC VIOLENCE, PLEASE CONSIDER HOW PRIVATE YOUR COMPUTER OR PHONE ARE. THINK ABOUT WHAT YOU WOULD DO IF SOMEONE WERE TO SEE THAT YOU ARE RESEARCHING OR SEEKING HELP. PLEASE RESEARCH SAFELY AND CONSIDER YOUR SECURITY.

Please note that there are several national and local non-profit agencies that can assists victims, and while they may have limited resources and may place potential applicants on long waitlists, they are a good resource. However, if you cannot wait you can call our office. We have a flat fee as well as easy payment plans and will not charge for the initial consultation.

U Visa Eligibility

The U visa allows noncitizen victims or witnesses of crime and certain qualifying family members to live and work in the United States. The U visa can eventually lead to legal permanent residency (Green Card) and citizenship.

  • The victim suffered substantial physical or mental abuse as a result of having been a victim of certain criminal activity
  • The victim possesses information concerning that criminal activity
  • The victim has been helpful, is being helpful, or is likely to be helpful in the investigation or prosecution of the criminal activity
  • The criminal activity violated the laws of the United States or occurred in the United States.
  • Must be admissible to the U.S

The U visa is available to victims who have suffered from any of the following qualifying crimes or substantially similar activity: rape; torture; trafficking; incest; domestic violence; sexual assault; abusive sexual contact; prostitution; sexual exploitation; female genital mutilation; being held hostage; peonage; involuntary servitude; slave trade; kidnapping; abduction; unlawful criminal restraint; false imprisonment; blackmail; extortion; manslaughter; murder; felonious assault; witness tampering; obstruction of justice; perjury; or attempt, conspiracy, or solicitation to commit any of the above mentioned crimes.

Additionally, if you are the victim of domestic violence, you may be eligible for either a U visa or VAWA self-petition. Both types of petitions provide a path to a green card.

VAWA Eligibility

Under the Violence Against Women Act (VAWA) a spouse, child, parent of an abused child, or parent who was physically abused by a U.S. citizen or permanent resident, spouse, parent or adult child can file their own petitions to obtain lawful permanent resident status. These victims can file in a way that is confidential and without the abuser’s cooperation if the abuser is a U.S. citizen or lawful permanent resident. Forms of abuse may include physical abuse, verbal abuse, emotional abuse, psychological abuse, intimidation, economic abuse, threats and harassment, as well as other forms of abuse. It is not a requirement to have a police report

The self-petitioning spouse must meet these six requirements:

  • Valid martial relationship
  • The abusive spouse or parent is a U.S. citizen or Lawful Permanent Resident and that at one point you lived together or still do
  • Residence in the U.S
  • Battery or extreme cruelty
  • Good Moral Character of self-petitioner
  • Marriage was in good faith
  • If divorced within last two years you may still qualify

Pelican Johnson Immigration Law, PA., can help determine your eligibility and help you get started with the application process.

How can a lawyer help me?

A U visa petition or VAWA requires careful attention to detail. The petition that we will submit to USCIS requires substantial documentation and we must establish specific legal elements with particularity. It is often necessary to coordinate efforts with law enforcement and mental health professionals to effectively meet the relevant legal elements. Preparation of an effective U visa or VAWA petition generally requires the assistance of an experienced advocate and a law firm with a history of working with victims of trauma and domestic abuse.

It is best to speak to an attorney as soon as possible. While there are several national and local non-profits agencies that assists victims, they usually have limited resources and may place potential applicants on long waitlists. If you cannot wait please call our office, we do not charge for U Visa or VAWA consultations.

Call today!

Pelican Johnson Immigration Law, PA., can help determine your eligibility and help you get started with the application process.