Victim Based Relief

The U nonimmigrant visa is set aside for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement in the investigation or prosecution of criminal activity. The law is intended to strengthen the ability of law enforcement and government agencies to investigate and prosecute cases, such as domestic violence or other serious crimes, while also helping and protecting crime victims.

 

There are six requirements for U nonimmigrant visa:

  • The applicant was the victim of a qualifying criminal activity.

  • The applicant suffered substantial physical or mental abuse as a result of having been a victim of the criminal activities.

  • The applicant has information concerning that criminal activity.

  • The applicant has been helpful, is being helpful, or is likely to be helpful in the investigation or prosecution of the crime.

  • The criminal activity occurred in the U.S. or violated U.S. laws.

  • The applicant is admissible under U.S. immigration laws; if the applicant is not admissible he/she may apply for a waiver

VIOLENCE AGAINST WOMEN ACT (VAWA)

Certain individuals who might not otherwise be eligible for immigration benefits may petition for permanent residency on the grounds of a close relationship with a US citizen or permanent resident who has been abusing them. This includes:

  • A wife or husband who has been abused by a U.S. citizen or permanent resident spouse. The petition will also cover the petitioner’s children under age 21.

  • A child abused by a U.S. citizen or permanent resident parent. The petition can be filed by an abused child or by her parent on the child’s behalf.

  • A parent who has been abused by a U.S. citizen child who is at least 21 years old

Human Trafficking Victims T Visa

A T visa is a type of visa allowing victims of human trafficking  and immediate family members to remain and work temporarily in the United States, typically if they report the crime to law enforcement, and agree to help them in the investigation and prosecution of the crime committed against them. It is applicable to individuals who came to the United States illegally to engage in commercial sex work, involuntary servitude, peonage, debt bondage, or slavery

Attorneys at Law

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