If an undocumented person residing in the United States has been the victim of a crime in the United States they may have options to obtain Lawful Status. For victims of certain qualifying crimes they may be able to obtain U-Visa Status. In order to obtain a U-Visa the victim must demonstrate cooperation with law enforcement. For persons married to a United States Citizen or Legal Permanent Resident and have been the victim of domestic violence VAWA may be an option. Both U-Visa and VAWA are intricate applications and obtaining proper counsel is vital.
If you or a loved one have been the victim of a crime contact Dominguez Law Firm, PLLC today and schedule a consultation to see how we may be able to help you.
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.