Undocumented individuals who have been victims of a crime in the United States may have legal options to obtain lawful status. The U Visa protects victims of qualifying crimes who have suffered physical or emotional harm and have cooperated with law enforcement. Additionally, individuals married to a U.S. citizen or Legal Permanent Resident (LPR) who have experienced domestic violence may be eligible for relief under the Violence Against Women Act (VAWA), which allows them to self-petition for legal status.
Applying for a U Visa or VAWA involves a complex legal process, requiring strong evidence and proper documentation. Working with an experienced U Visa lawyer can help ensure all requirements are met, increasing the likelihood of a successful outcome.
The U Visa is designed for victims of serious crimes, including human trafficking, domestic violence, sexual assault, and aggravated assault. It allows eligible individuals to remain in the U.S. legally while assisting law enforcement in investigating or prosecuting the crime. To qualify for a U Visa, an applicant must:
A U Visa grants work authorization and temporary legal status for four years. After maintaining U Visa status for three years, recipients may apply for a Green Card to become a lawful permanent resident.
For victims of domestic violence, abuse, or extreme cruelty, the Violence Against Women Act (VAWA) provides an opportunity to self-petition for lawful status without the involvement of their abusive spouse. Unlike the U Visa, which requires cooperation with law enforcement, VAWA applicants do not need to report the abuse to qualify. Instead, they must provide evidence of the abuse and their qualifying relationship to the abuser.
If approved, VAWA applicants may receive:
VAWA applies to both men and women and is available to spouses, children, and particular parents of abusive U.S. citizens or LPRs.
Filing for a U Visa or VAWA requires thorough documentation and a clear understanding of immigration laws. Any mistakes or missing information can result in setbacks, making it essential to have proper legal guidance. A qualified U Visa lawyer can assist with preparing applications, gathering necessary evidence, and ensuring all requirements are met to avoid unnecessary delays.
At Dominguez Law Firm, PLLC, we assist clients in compiling police reports, medical records, and supporting documents to strengthen their applications. We also represent individuals throughout the process, ensuring their rights are upheld, and their cases receive the attention they deserve.
If you or a loved one has been the victim of a crime, schedule a consultation to discuss available options.
Generally no. There are specific crimes in the regulations that make a person eligible for a U-Visa. One may also be eligible if they are able to prove they were the victim of a crime substantially similar to one of the enumerated qualifying crimes.
The first step of a U-Visa case, prior to filing the application, is obtaining a certification from the proper law enforcement authorities noting the cooperation.
For VAWA cases, one does not necessarily need to be the victim of physical abuse. Psychological or sexual abuse are also qualifying.
An ideal case will contain as much evidence as possible of the abuse documented. However, it is understandable that this is not possible for every single case. An experienced Immigration Attorney will be able to evaluate your case and advise as to whether it should be filed or not.