Victims of Abuse and Related Crimes (VAWA petitions, U visa, T visa)
In order to encourage undocumented individuals to report crimes and abuse, the United States government has decided that a visa should be granted to certain individuals who have been victims of these crimes or abuse.
Please click the links below to learn the requirements for each type of visa.
Please click the links below to learn the requirements for each type of visa.
Victims of Domestic Abuse - Violence Against Women Act (VAWA)
Certain individuals who have been abused by a family member in the U.S. may file an immigrant visa petition under the Violence Against Women Act (VAWA). VAWA allows certain spouses, children, and parents of U.S. citizens and permanent residents (green card holders) to file a petition for themselves without the abuser's knowledge, allowing the applicant to seek both safety and independence from the abuser. Despite the law's name, VAWA's provisions apply equally to women and men. Your abuser will not be notified that you have filed for immigration benefits under VAWA.
If an individual's case qualifies under VAWA, he or she may be eligible for permanent residence (a green card) and work authorization. The individual's children and/or parents may qualify for the same benefits.
People eligible for VAWA include:
Typically, an applicant must also prove that he or she:
Help is also available from the National Domestic Violence Hotline at 1-800-799-7233 or 1-800-787-3224 (TDD). The hotline has information about shelters, mental heath care, legal advice, and other types of assistance, including information about filing for immigration status. For more information, visit the National Domestic Violence website.
Contact our attorneys to discuss whether you can qualify for relief under the VAWA requirements.
If an individual's case qualifies under VAWA, he or she may be eligible for permanent residence (a green card) and work authorization. The individual's children and/or parents may qualify for the same benefits.
People eligible for VAWA include:
- An individual who has been abused by his or her U.S. citizen or permanent resident spouse
- A parent of a child who has been abused by the parent's U.S. citizen or permanent resident spouse
- A parent of a U.S. citizen son or daughter who has been abused by that son or daughter
- A child who has been abused by his or her U.S. citizen or permanent resident parent, as long as you are under 21 and unmarried (certain individuals can file until they are 25 if abuse was the reason for the delay in filing)
Typically, an applicant must also prove that he or she:
- Has good moral character, AND
- Has resided with the abuser
Help is also available from the National Domestic Violence Hotline at 1-800-799-7233 or 1-800-787-3224 (TDD). The hotline has information about shelters, mental heath care, legal advice, and other types of assistance, including information about filing for immigration status. For more information, visit the National Domestic Violence website.
Contact our attorneys to discuss whether you can qualify for relief under the VAWA requirements.
Victims of Certain Crimes (U Visa)
The U non-immigrant status (U visa) is designated for victims of certain serious crimes who have suffered substantial mental or physical abuse and are willing to assist law enforcement and government officials in the investigation or prosecution of the criminal activity.
If an individual has been the victim of a crime or abuse, he or she may be able to obtain a U visa regardless of whether the perpetrator is a U.S. citizen of lawful permanent resident.
The eligibility requirements for obtaining a U visa are as follows:
The following types of crimes fall under the term "qualifying criminal activity":
If an individual has been the victim of a crime or abuse, he or she may be able to obtain a U visa regardless of whether the perpetrator is a U.S. citizen of lawful permanent resident.
The eligibility requirements for obtaining a U visa are as follows:
- The individual must have suffered substantial physical or mental abuse as a result of having been a victim of a qualifying criminal activity
- The individual must have information concerning that criminal activity
- The individual must have been helpful, is being helpful, or is likely to be helpful in the investigation or prosecution of the crime
- The criminal activity violated U.S. laws
The following types of crimes fall under the term "qualifying criminal activity":
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In order to qualify for a U visa, an applicant must work with a U.S. law enforcement agency, prosecutor, or judge to help with a criminal investigation. The agency must then sign a certification that the applicant helped in the investigation.
The information shared in a U visa application will be kept confidential during the processing of the request. If the request is successful, the applicant (and potentially his or her children) will be eligible after three years for a green card to remain in the U.S. permanently. U visa beneficiaries can also apply for work authorization to work legally.
Our attorneys can help you determine whether you were the victim of any of the qualifying crimes. If you have not already reported the crime, we can also put you in touch with the appropriate law enforcement agency and then help to obtain the documentation from law enforcement that is necessary for the application.
The information shared in a U visa application will be kept confidential during the processing of the request. If the request is successful, the applicant (and potentially his or her children) will be eligible after three years for a green card to remain in the U.S. permanently. U visa beneficiaries can also apply for work authorization to work legally.
Our attorneys can help you determine whether you were the victim of any of the qualifying crimes. If you have not already reported the crime, we can also put you in touch with the appropriate law enforcement agency and then help to obtain the documentation from law enforcement that is necessary for the application.
Victims of Trafficking (T Visa)
In October 2000, Congress created the “T” non-immigrant status by passing the Victims of Trafficking and Violence Protection Act (VTVPA). The legislation strengthens the ability of law enforcement agencies to investigate and prosecute human trafficking, and also offer protection to victims.
Human trafficking, also known as trafficking in persons, is a form of modern-day slavery in which traffickers lure individuals with false promises of employment and a better life. Traffickers often take advantage of poor, unemployed individuals who lack access to social services. The T non-immigrant status (T visa) is designated for those who are or have been victims of human trafficking, protects victims of human trafficking, and allows victims to remain in the United States to assist in an investigation or prosecution of human trafficking.
T Non-immigrant Eligibility
You may be eligible for a T visa if you:
If you have been a victim of human trafficking, contact us to determine whether you are eligible for a T visa and can remain in the U.S.
Human trafficking, also known as trafficking in persons, is a form of modern-day slavery in which traffickers lure individuals with false promises of employment and a better life. Traffickers often take advantage of poor, unemployed individuals who lack access to social services. The T non-immigrant status (T visa) is designated for those who are or have been victims of human trafficking, protects victims of human trafficking, and allows victims to remain in the United States to assist in an investigation or prosecution of human trafficking.
T Non-immigrant Eligibility
You may be eligible for a T visa if you:
- Are or were a victim of trafficking, as defined by law
- Are in the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or at a port of entry due to trafficking·
- Comply with any reasonable request from a law enforcement agency for assistance in the investigation or prosecution of human trafficking (or you are under the age of 18, or you are unable to cooperate due to physical or psychological trauma)
- Demonstrate that you would suffer extreme hardship involving unusual and severe harm if you were removed from the United States
- Are admissible to the United States. If not admissible, you may apply for a waiver (e.g., if you have committed certain crimes or entered the U.S. illegally)
If you have been a victim of human trafficking, contact us to determine whether you are eligible for a T visa and can remain in the U.S.
