Violence Against Women Act
Immigration laws offer special protection to persons who are victims of domestic violence. The Violence Against Women Act (VAWA) grants lawful permanent resident status to persons who are or were married to a lawful permanent resident (LPR) or to a U.S. citizen and who suffered abuse in the hands of such person. The abuse can be physical, emotional, mental or a combination of these. Often, the abuse involves threats made by the abusive LPR or U.S. citizen spouse to withhold legal immigration sponsorship. VAWA is intended to provide victims of domestic violence the opportunity to “self-petition” or seek lawful immigration status in the U.S. on their own behalf.
Additionally, VAWA does not require victims to meet the immigration law’s two-year “conditional residence” requirement. Normally, in an ordinary situation the beneficiary spouse must file a joint-petition to remove the “condition” on his or her status once the two-year marriage anniversary approaches. Such filing requires the consent of the petitioner spouse, and in cases involving domestic violence, the immigrant victim may be unable to obtain the cooperation of the abusive spouse. This can jeopardize their chances of keeping their lawful permanent resident status.
Despite its name, VAWA is not limited to the protection of women. Men, children (under 21 years old and unmarried) and parents who are victims of abuse may also qualify. Also, the law recognizes a “common-law” marriage and does not require the LPR or U.S. citizen to be living at the time the application is filed. Even if the victim is no longer married to the LPR/U.S. citizen spouse, VAWA may offer a path to lawful permanent residence in this country.
U Nonimmigrant Visas for Victims of Certain Crimes
The purpose of the U-visa is to give victims of certain crimes temporary legal status and work eligibility in the U.S. The U-visa is issued for a period of four years, after which, the person may adjust status to become a lawful permanent resident. If you or a loved one has been the victim of a crime occurring in the U.S., and you cooperated with law enforcement in the investigation, you may be able to apply for a U-visa. Our attorneys have worked with numerous victims of crimes. We have extensive knowledge on the type of criminal activity that may qualify you for this special form of relief. We will explain to you the process step-by-step and provide you with a knowledgeable assessment of your case.
T Visas for Victims of Human Trafficking
The purpose of the T-visa is to protect victims of human trafficking, such as victims of sexual exploitation, forced labor, or modern-day forms of slavery. To qualify, the victim must be physically present in the U.S. as the result of the trafficking, where they can assist in an investigation or prosecution of the perpetrator(s). Immediate family members of the principal applicant may be admitted to the U.S. upon showing that they would suffer extreme hardship if they were not allowed to join the principal applicant. A person holding a T-visa may adjust status to that of a lawful permanent resident if they can demonstrate a continuous physical presence in the U.S., have good moral character, and comply with any reasonable request for assistance in the investigation or prosecution of the acts in question.