U & T Visas and VAWA

Non-citizen victims of certain crimes, human trafficking, and domestic abuse or violence may be eligible to obtain permanent immigration status in the United States.

U nonimmigrant status

Non citizens who have been victims of certain qualifying crimes inside the United States may qualify for U nonimmigrant status. In order to apply for a U nonimmigrant status (often called a U visa), the applicant must show that they 1) have suffered substantial physical and/or mental abuse as a result of having been the victim of a qualifying crime inside the U.S.; and 2) have cooperated with law enforcement (police or district attorney) to the extent requested and never unreasonably refused to cooperate. Applicants for U nonimmigrant status must have reported the crime to law enforcement and in most cases will need to provide our office some documentation of that report in order to analyze the case. Applicants for U nonimmigrant status must demonstrate they are deserving of favorable discretion.

U nonimmigrant status cases have very long processing times, and an annual limit of 10,000 visas, which are used every year. However, eligible applicants will have an eventual path to permanent residence. And although it takes years, qualified applicants will also be eligible for work authorization while they wait for a visa number, usually 3-5 years into the process. U nonimmigrant status applicants may also include their spouses and minor children, and if the principal applicant is under 21 years old, their parents and under 18-year-old siblings as qualifying relatives in their cases.

T Visas

T nonimmigrant status is for victims of severe forms of labor or sex trafficking inside the United States. Applicants must be physically present in the United States on account of the trafficking, meaning they were either brought across the border for the purpose of the trafficking or later taken somewhere or forced to remain somewhere against their will.

Applicants must also have complied with all requests for assistance in the investigation of the trafficking, which usually means filing a report in the jurisdiction where the trafficking occurred. Applicants must also demonstrate they would suffer extreme hardship involving unusual and severe harm if removed or deported from the United States. The extreme hardship can be shown through any combination of medical, psychological, emotional, mental, and financial harm.

Violence Against Women’s Act (VAWA)

Spouses and children of United States citizens or permanent residents, as well as parents of adult United States citizens, who have been subjected to battery or extreme cruelty (mental, emotional, and psychological abuse can qualify) by the above relative may be eligible for permanent residence or, minimally, deferred action status, under this law. It is important to note that all genders may benefit from this section of the law, despite the name of the statute.

In VAWA cases, self-petitioners who have been abused physically or mentally/emotionally by their LPR or USC relatives may apply on their own accord, demonstrating they have been battered or subjected to extreme cruelty, have been in bona fide relationships and resided with their USC or LPR relative, and are individuals of good moral character,

Many individuals who qualify for a VAWA self-petition may also either concurrently, or after a wait for visa availability, apply for adjustment of status to obtain their permanent residence, even if they have entered the United States without inspection. VAWA self-petitioners also benefit from waiver provisions that are more favorable in certain respects than in ordinary family cases, provided they are individuals of good moral character. If you are in an abusive marriage with a United States citizen or permanent resident, or your adult United States citizen child has either battered you, or subjected you to extreme cruelty, it is a very good idea to consult with a qualified immigration attorney about your options.

It is important to note that VAWA cases do not require police reports or law enforcement intervention, and that the evidence standard is “any credible evidence.” In many cases, successful cases can be based on detailed affidavits from the abused family member, supporting letters from family and friends, and other creative evidence our office can help you obtain. Our attorneys have represented many victims of crime, trafficking and domestic violence to obtain immigration status, changing their lives and in some cases liberating them from dangerous or difficult situations.