Options for Immigrant Victims of Crime

Options for Immigrant Victims of Crime

Special visas are available for victims of domestic violence and other serious crimes. The two most commonly used for victims are: (1) VAWA Self Petitions and (2) U-Visas.

  1. U-VISA
    1. You are a Victim of a particular type of Qualifying Criminal Activity[1]
    2. The Crime occurred in the US or US territories
    3. You have Knowledge of the Criminal Activity and have been helpful, or are likely to be helpful, in the investigation or prosecution of the crime
    4. You suffered Substantial Harm
    5. With the help of an attorney or BIA accredited representative, you get a certification from the proper authority[2]

The visa is good for four years, during which you get a work permit.  Moreover, after obtaining a U-Visa you are eligible to self petition for a green card after three years—no qualifying relative needed.

  1. VAWA A victim may self-petition independently of an abusive relative if you can demonstrate:
    1. Qualifying Abuser: The Abuser must be a US Citizen (“USC”) or Legal Permanent Resident (“LPR”)
    2. Qualifying Relationship: You must be the spouse or child of the USC/LPR, or the parent of a USC over 21.
    3. Good Faith Marriage (if based on marriage)
    4. Battery or Extreme Cruelty
    5. Residency with Abuser
    6. Current Residence in the United States; and
    7. Good Moral Character

Benefits of VAWA Self Petitions:  Individuals may self-petition for a green card status independently of the abusive relative.

  • U-VISA/VAWA Distinctions
    1. For VAWA the abuser has to (1) be legal and (2) be in a qualifying relationship with the victim; but for the U-visa, legal status does not matter.
    2. For VAWA, you must have good moral character
    3. A VAWA petition must be filed while the victim and abuser were still married or within two years of divorce; but the U-VISA can be filed at any time.
    4. The U-VISA requires cooperation and certification from agency; VAWA you do not need to cooperate with the police.

[1] These crimes include: rape, torture, trafficking, incest, domestic violence, sexual assault, abusive sexual contact, prostitution, sexual exploitation, female genital mutilation, held hostage, peonage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, blackmail, extortion, manslaughter, murder, felonious assault, witness tampering, obstruction of justice, perjury or any similar activity.

[2] Generally U-Visa certifications must be signed by police chief, State’s Attorney, judge or designated officer of police chief, State’s Attorney or judge.  There are a few other additional agencies that can sign U-Visa certifications including DCFS and the US Department of Labor.

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