Are Visas for Victims of Crime and Abuse Still Available?
Although virtually every aspect of immigration is on shaky ground right now, with misunderstandings regarding what is still allowed, victims of crime or abuse may continue to file for certain visas based on these characteristics. Unfortunately for many, an immigrant’s legal status may be dependent on an abusive spouse, or a non-citizen may fear deportation if he or she reports a crime of violence.
Historically, the United States has provided protection and relief for victims of violent crimes and abuse, offering options that allow the individual to seek safety and independence while working to obtain a Green Card. If you or a loved one is experiencing abuse or has been a victim of a violent crime, it can be extremely beneficial to speak to a skilled Falls Church, VA immigration lawyer.
What Are Potential Visas for Those Who Are Victims of Crime or Abuse?
There are three types of visas for victims of abuse or crime. All of these visas are useful in obtaining Lawful Permanent Residency as well as eventual citizenship. The requirements can be complex and require the assistance of an experienced immigration attorney. These visas include:
U-Visa for Victims of Crimes That Have Been or Are Currently Being Prosecuted
An individual applying for a U-Visa must be a victim of: involuntary servitude, felonious assault, stalking, abduction, incest, abusive sexual contact, unlawful criminal restraint, witness tampering, blackmail, domestic violence, extortion, false imprisonment, female genital mutilation, fraud in foreign labor contracting, hostage, kidnapping, manslaughter, murder, obstruction of justice, perjury, prostitution, rape, sexual assault, sexual exploitation, slave trade, torture, or trafficking.
The process for obtaining a U-Visa begins with the victim obtaining a Form I-918 Supplement B, which must then be signed by a police officer, prosecutor, or judge. Next, Form I-918 is filed with Form I-192 if a waiver is required. Upon approval, applicants are eligible for work permits. Those who are granted U-Visa status are allowed to obtain legal permanent residency status three years after obtaining the U-Visa.
Violence Against Women Visa for Victims of Domestic Abuse Whose Abusers are U.S. Citizens or Permanent Residents
Requirements for a Violence Against Women Act (VAWA) visa begin with the applicant proving he or she is a woman who has been physically battered or subjected to extreme cruelty by a U.S. citizen or a lawful permanent resident spouse, parent, or adult child. Abuse can take the form of threats to take away children, violent acts, verbal abuse and degradation, physical abuse, exploitation, sexual abuse, emotional abuse, isolation, economic abuse, or threats of deportation. No police report is required.
The abuse must have occurred in the United States, and the victim must have resided with the abuser. The person filing for a VAWA must provide evidence of his or her good moral character. Form I-360 with supporting evidence must be filed. An applicant who is a spouse, parent, or unmarried child of a U.S. citizen is eligible for an adjustment of status to lawful permanent resident status if the VAWA is approved.
Special Immigrant Juvenile Visa for Children Under 21 Who Have Been Abandoned, Abused, or Neglected by One or Both Parents
An applicant for a Special Immigrant Juvenile Visa must be under the age of 21 and unmarried. The court must determine that the child’s reunification with one or both parents is not possible due to abuse, neglect, or abandonment, and it must be found that it is not in the child’s best interests to be returned to his or her native country. Form I-360 must be filed with Form I-485.
Contact a Prince William County, VA Immigration Lawyer
If you believe you qualify for a visa based on abuse or because you are the victim of a violent crime, speaking to an experienced Fairfax, VA immigration attorney from The Estevez Group, PC is your best course of action. Attorney Estevez has dedicated her legal practice to assisting individuals in crisis. She is caring, is fluent in Spanish and Portuguese, works as a guardian ad litem, and is available 24/7. To schedule your free consultation, call 703-202-1660.
