Immigrant Victim of Criminal Activity - VAWA & U-Visa

On behalf of Southworth and Stamman, LLC on Monday, March 25, 2013.

To protect victims of domestic abuse and other serious crimes, Congress created the VAWA (Violence Against Women Act) petition and the U-visa. These petitions give important immigration benefits to victims of crimes. 

What is the Violence Against Women Act (VAWA)? Typically, when a non-citizen (undocumented immigrant or visa immigrant) marries a U.S. citizen or lawful permanent resident, the U.S. citizen can often petition for the non-citizen for lawful permanent resident status in the United States. This is a common way for non-citizens to receive permanent legal status, and even citizenship, in the United States. However, problems arise when the U.S. citizen spouse uses the immigration benefit as a form of control. The U.S. citizen spouse may even threaten not to petition for the non-citizen if she leaves or goes to the police. Congress found this abuse to be unacceptable and initiated VAWA.

VAWA is a federal law that allows victims (including men and women) of domestic abuse to apply for lawful permanent residence status without the help of the U.S. spouse. VAWA even allows immigrants who entered the United States without inspection to apply for lawful permanent residence status, an important benefit for many undocumented immigrants.

Requirements to apply for VAWA

1. The abuser is U.S. citizen or lawful permanent resident
2. You entered the marriage in good faith, not for the purpose of receiving immigration benefits
3. You suffered battery or extreme cruelty by abuser - includes sexual, physical and mental abuse.
4. You must have resided with the abuser
5. You are a person of good moral character

Have questions or think you may qualify for a VAWA self-petition? Contact us today. Do not apply for a VAWA petition without the help of an immigration lawyer.

What is a U-Visa?In many ways, the U-visa is more broad than VAWA. The U-Visa protects not only victims of domestic abuse, but victims of other criminal activity as well. Congress understands that undocumented immigrants are afraid to contact law enforcement about crimes because of their unlawful immigration status. This fear makes immigrants extremely vulnerable to abuse, violence, blackmail, and other crimes. The U-visa was created to encourage victims to assist with law enforcement and the prosecution of criminal cases by giving victims immigration benefits. These benefits protect the victims and encourage them to help with the investigation and prosecution of the crimes.

If your a victim of a qualifying crime and assisted law enforcement, then you may be eligible for a U-visa. Additionally, once approved of the U-Visa, you become eligible to receive lawful permanent resident status after three years.

What is a Qualifying Crime to apply for the U-Visa?The qualifying crimes include, but are not limited to:

• Rape / sexual abuse / abusive sexual contact
• Abuse
• Domestic violence
• Torture
• Being held hostage / false imprisonment / kidnapping
• Felonious assault
• Murder / manslaughter
• Obstruction of justice
• Blackmail
• Perjury
• Any similar activity.

A qualifying crime includes any attempt, or encouragement to commit the crimes listed above.

Requirements for U-Visa

1. You suffered substantial physical or emotional abuse from one of the qualifying crimes
2. You have information of this criminal activity
3. You cooperated with the investigation, or are likely to cooperate
4. The criminal activity either violated laws of the United States or occurred in the United States

To be successful in a U-visa application, you must have your application certified by law enforcement, a prosecutor, or judge. Without this certification, the U-visa will be denied. If you think you qualify for a U-visa or have questions related to the U-visa, contact us today for a free consultation.