For many victims of domestic violence, asking for help is very difficult. This is especially true for immigrants. Victims without legal status sometimes think the police will not help them because they are undocumented. Victims may also be afraid that the police will report them to immigration. Sometimes, abusive partners threaten to call immigration or refuse to continue with immigration paperwork.
If you are a victim of domestic violence and do not have legal immigration status, you should not be afraid to get help. The police and court system will protect you even if you are undocumented. In fact, the United States government has developed special programs to protect immigrant victims of domestic violence. This article explains two immigration remedies for victims of domestic violence: U Nonimmigrant Status (“U Visa”) and VAWA Self-Petitions.
What Is a U Visa?
U Visas give legal status to victims of crime in the United States. If you are a victim of domestic violence, you may be able to get a U Visa. To be eligible, you must report the abuse to the police and cooperate with the police. Also, the domestic violence you experienced must have caused you serious mental or physical harm. You do not have to have a tourist visa, permanent residency, or any kind of legal immigration status to be eligible. A U Visa is valid for four years. If you receive a U Visa and stay in the United States for at least three years, you may be eligible for a green card.
To apply for a U Visa, you must submit a Petition for U Nonimmigrant Status (Form I-918) to United States Citizenship and Immigration Services (“USCIS”). You must also include a form from the police department involved in your case, a personal statement about the crime, and any additional proof that shows you are eligible.
It can take a long time to get a U Visa. The government only grants 10,000 U Visas a year. If you qualify for a U Visa but the government has already reached the 10,000 limit, you will be placed on a waiting list. While you are on the waiting list you will have “deferred action” status. This means you can stay in the United States and apply for permission to work while you wait to receive your U Visa.
What is a VAWA Self-Petition?
The Violence Against Women Act (VAWA) is a law that includes a special “self-petition” program for immigrants who are abused by their spouses. This means a victim of domestic violence can apply for a green card without help from his or her spouse. In order to be eligible, your spouse must be a United States citizen or legal permanent resident. Also, you must have lived with your spouse in the United States during your marriage.
To begin a VAWA Self-Petition, you must submit a Form I-360 to USCIS. You will need to include documents that show you are eligible. These documents include proof of your spouse’s legal status in the United States, marriage records, proof that you lived with your spouse in the United States, and other information that supports your application. When your I-360 is approved you will have “deferred action” status. This means you can remain in the United States and apply for work authorization. Depending on your situation, you may also be eligible to apply for a green card.
What Should I Do If I Think I Am Eligible for a U Visa or VAWA Self-Petition?
If you think you might be eligible for a U Visa or a VAWA Self-Petition, you should contact us at 732-249-7600.
