Many immigrants are afraid to admit that they have been victims of a crime, in part because they believe they will be expelled (deported) from the United States if they report the crime. Fortunately, US law protects both legal and undocumented immigrants who have been victims of a crime.
Specific protections exist for victims of domestic violence, certain crimes, and human trafficking.
If you have been a victim of a crime or have suffered abuse or mistreatment, you should know that there is help and support for you. If you need help understanding your options and want to speak with a professional, you can find everything you need to know here at Eagan Immigration.
U Visa Petitions
A U visa is available to anyone who has been a victim of a crime in the U.S., or who has suffered substantial physical or mental abuse. To qualify, you must show that you are willing to help in the investigation and must be willing to help with the prosecution.
This type of visa is valid for a total of four years and you can apply for permanent residency after three years.
These are some of the cases in which you would be eligible for this type of visa:
- He is the victim of a qualified crime
- Has suffered substantial mental or physical abuse
- It has information about criminal activity
- He is willing to help law enforcement
- The crime occurred in the US.
If you need help understanding your eligibility, our team is available and we encourage you to reach out.
T Visa Applications
T visa applications are suitable for individuals who have been victims of human trafficking, whether for labor or sex purposes.
You may be eligible for this type of visa if you are a victim of trafficking and, as a result, are currently in the US. You must also demonstrate that you would experience hardship or harm if removed from the US.
If you are not sure if you are eligible for the T Visa, here are some requirements:
- He has to prove that he has been a victim of human trafficking
- He must have been trafficked to the US and currently reside in the US.
- He has to show that he is willing to cooperate with the investigation
- You must demonstrate that leaving the US would cause you extreme hardship
You may not have to participate in the research if you are under 18 years old.
Violence Against Women Act petitions
VAWA is for survivors of domestic violence or abuse. This includes everyone from spouses to parents and children of US citizens or lawful permanent residents. It gives you access to benefits in the US without the requirement of being a US citizen or the abuser's consent. Abuse can take many forms, from sexual to emotional, physical, and verbal.
If you wish to apply for this visa, you must ensure that your relationship qualifies. This can be done if:
- He is married to an abusive US citizen or legal permanent resident
- Their marriage legally ended by death or divorce within the two years prior to filing the petition
- Your spouse renounced or lost citizenship up to two years before your petition due to domestic violence
- I thought I was married, but the marriage is no longer valid due to a previous marriage that has not ended
- He is the child of an abusive US citizen or lawful permanent resident of the US.
- You are the parent of an abusive son or daughter who is over 21 years old and a U.S. citizen.
If you are trying to file a self-petition because you believe you are the spouse of an abusive US citizen, then you must prove that you married in good faith and not just to evade immigration laws.
If you lived outside the US when the petition was filed, you must prove the following, in addition to the points listed above:
- The abusive citizen is a US government employee.
- The abusive citizen is a member of the US Armed Forces.
- He was subjected to cruelty or aggression in the US.
We are here to help!
At Eagan Immigration, we know how difficult it is to navigate the complex immigration laws of the United States. We are dedicated to helping you explore your immigration options, create a plan, and then file a case for the immigration benefits for which you qualify.
We help our clients obtain documents when other lawyers have told them «no.» We want every immigrant in the U.S. to obtain legal status and we want to lead the way to achieve this goal.
Our lawyers strive to find creative and ethical solutions for our clients. Even in the most complex situations, we will find ready-to-use strategies to win cases that others thought impossible. Why? We care about our clients and their families.
We will create a safe place for you to seek legal advice about your immigration options. Contact us to start the process!
Call us at 202-709-6439 o click here for a consultation directly with attorney Lauren Eagan.
Eagan Immigration
Schedule your appointment online Eagan Immigration