For a detailed analysis of your case, contact us, so that we may best advise you on your options and how to proceed in such a delicate matter.
Victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity may be eligible for this type of visa. Applies to foreign nationals who while being in the U.S. have suffered substantial physical or mental abuse as a result of having been a victim of criminal activity. Minors under the age of 16 or unable to provide information due to a disability may have a parent, guardian, or next friend assist them in the process. In some cases, the family members of the victim may obtain status based on the U visa classification granted to the victim. This visa is available even to those who have entered the U.S. illegally. To apply for this visa, a declaration or certification is needed from a certifying official regarding the victim's cooperation in the investigation and/or prosecution of the crime. Typically U visa applicants will be able to obtain a green card 3 years after their U visa is granted. Individuals who have been victims of crimes within the ample list of criminal activities recognized by the law may qualify under this type of visa. If you have been a victim of a crime in the U.S, schedule a consultation with us so that we may determine whether you are eligible for this type of relief.
Violence Against Women Act (VAWA)
Certain battered or abused spouses, children, and parents of U.S. citizens and certain battered or abused spouses and children of permanent residents (green card holders) may self-petition without the abuser's knowledge under the Violence Against Women Act (VAWA). This way, victims who seek both safety and independence from their abuser can find a safe haven in the U.S. and stay protected. It is important to note that VAWA provisions apply to both women and men. These are the categories of individuals who may apply:
- Spouse: As a battered spouse you may file for yourself if you are or were the abused spouse of a U.S. citizen or permanent resident. You can also file as an abused spouse if your child has been abused by your U.S. citizen or permanent resident spouse. You can include on your petition your unmarried children who are under 21 if they have not filed for themselves.
- Parent: You may file if you are the parent of a U.S. citizen and you have been abused by your U.S. citizen son or daughter.
- Child: You may file for yourself if you are an abused child under 21, unmarried, and have been abused by your U.S. citizen or permanent resident parent. Your children may also be included on your petition. You may also file for yourself as a child after age 21 but before age 25 if you can demonstrate that the abuse was the main reason for the delay in filing.