LAW OFFICE OF ROBIN CARR
Immigration Options for Victims of Crime
Violence Against Women Act(VAWA) Self-PetitionersSome immigrants may be afraid to report acts of domestic violence to the police or to seek other forms of assistance. Such fear causes many immigrants to remain in abusive relationships.
Victims of domestic violence who are the child, parent, or current/former spouse of a United States citizen or permanent resident (green card holder) and are abused by the citizen or permanent resident may be eligible to apply for a green card themselves without needing the abuser to file for immigration benefits on their behalf. This provision of the law was created under the Violence Against Women Act (VAWA). |
for more information or to see if you are eligible to apply for legal status under the VAWA.
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Victims must establish that they:
VAWA Provisions apply equally to men and women. Victims of domestic violence, whether a spouse, child or parent of the abuser, may self-petition by filing a Form I-360, Petition for Widow(er)s, Amerasians, and Special Immigrants. This form is available on USCIS' website, www.uscis.gov/ |
U Visas |
U Non-immigrant status (or a U visa) offers immigration protection for victims of crime and is also a tool for law enforcement. To obtain U status, the victim must obtain a certification from law enforcement. Law enforcement officials should note that providing a certification does not grant a benefit -- only USCIS has the authority to grant or deny this benefit.
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Victims of the following crimes may be eligible for a U Visa:
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Victims are not required to be in legal immigration status to apply, but they must:
- Be a victim of a qualifying criminal activity and have suffered substantial physical or mental abuse as a result of the crime;
- Possess credible and reliable information about the qualifying criminal activity;
- Be, have been, or likely to be helpful to the investigation and/or prosecution of the qualifying criminal activity; and
- Be a victim of criminal activity that violated a U.S. law