Many crime victims living in the United States fear reporting their experiences to police. They worry about their immigration status, wondering if they will be deported. However, these fears keep dangerous criminals free while victims suffer in silence. This is where a green card attorney can help, as they can explain special immigration protections that exist for victims of serious crimes, domestic violence, and human trafficking.
U Visa Protection for Crime Victims
The U visa gives temporary immigration protection to victims of certain crimes. In order to qualify, you must cooperate with law enforcement throughout any investigations or prosecutions. This requirement encourages victims to come forward and helps the police solve cases.
To be eligible for U nonimmigrant status, you must meet certain requirements. First, you must be a victim of a qualifying crime that happened in the United States or broke U.S. laws. The list includes domestic violence, sexual assault, trafficking, kidnapping, murder, rape, and many others. Second, you must have experienced severe physical or mental harm because of the crime.
The application process requires Form I-918 and a certification from law enforcement. A qualifying official must sign Form I-918, Supplement B, confirming your help in the investigation. However, this certification does not guarantee approval since only USCIS has the authority to approve or deny your petition.
Your spouse and unmarried children under 21 may also receive protection. Alternatively, if you are under 21 years old, your parents and unmarried siblings under 18 may qualify as well.
VAWA Self-Petitioning for Domestic Violence Survivors
Whereas the U visa requires law enforcement cooperation, the Violence Against Women Act creates a path for abuse victims to get immigration status on their own. VAWA allows you to apply without depending on your abusive family member. This protection applies equally to all genders, despite the name.
You can self-petition if you are the child, parent, or spouse of an abusive green card holder or U.S. citizen. Your abuser does not need to know about your application since you file Form I-360 to begin the process.
Four main requirements must be met for VAWA eligibility. You need an eligible relationship with a U.S. citizen or a green card holder who is abusive. You must be able to demonstrate that you lived with the abuser at some point. Also, good moral character must be shown throughout the process. Finally, you must prove you experienced battery or extreme cruelty.
Extreme cruelty includes psychological abuse, threats, isolation, economic abuse, threats of deportation, and controlling behavior. Physical violence is not required.
T Visa Relief for Human Trafficking Victims
While both U visas and VAWA address various forms of abuse, the T visa provides temporary immigration protection for trafficking survivors who help law enforcement.
There are two main types of trafficking. Labor trafficking exploits people for work through force, fraud, or coercion. On the other hand, sex trafficking involves commercial sex acts obtained through these same methods. However, anyone under 18 forced into commercial sex automatically qualifies as a trafficking victim.
To apply for T nonimmigrant status, you file Form I-914. You must be in the United States because of the trafficking. You must also prove that leaving the United States would cause significant hardship that entails unusual and severe harm.
Converting Temporary Status to Permanent Residence
All three visa categories provide paths to permanent residence, but each has different requirements. U visa holders can submit their green card application after being physically present in the United States for three years. However, you must continue cooperating with law enforcement throughout this period.
VAWA self-petitioners may be eligible to adjust status to permanent residence if they meet certain requirements. Similarly, T visa holders can file their permanent residence application after being physically present in the country for three years in T status.
Family Member Benefits and Protections
Family members receive significant protections under these programs, though the specific benefits vary by visa type. U visa family members can apply for their own green cards if they meet eligibility requirements. Family members must maintain their qualifying relationship throughout the process.
VAWA protects family members through various provisions. Children included in a parent’s petition receive independent protection. In other words, they can continue their cases even if the main petitioner’s case is denied.
Similarly, T visa family members may also be eligible to adjust to permanent residence. Spouses, children, parents, and siblings may qualify depending on your age and circumstances at the time of trafficking.
Employment Authorization and Confidentiality Protections
All three programs provide work authorization, but the timing differs. U visa holders receive work permits automatically upon approval. However, VAWA applicants can apply for work authorization while their cases are pending. T visa holders also receive work authorization with their status.
Strong confidentiality protections apply to all three programs, as the safety of victims remains a top priority. Your information cannot be shared with your abuser or trafficker. In addition, USCIS cannot use evidence provided only by prohibited sources to deny your case.
You can use a safe mailing address if receiving mail at home feels dangerous. Also, law enforcement agencies must maintain confidentiality about your cooperation and status.
Protect Yourself with the Help of a Green Card Attorney from Pride Immigration
Understanding these immigration protections requires a careful analysis of your specific situation, as each case presents distinct challenges that need experienced legal guidance. A green card attorney familiar with victim-based immigration can evaluate your eligibility and guide you through the application process.
Pride Immigration has extensive experience helping victims of crime, domestic violence, and trafficking obtain the immigration protection they deserve. Contact us at (571) 520-6116 or online to discuss your situation and explore your options for obtaining permanent residence through these important programs.
Beeraj Patel, Esq.
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