Our professionals have experience in working with victims of crimes, including victims of domestic abuse, violent crimes, human trafficking, rape, sexual assault, and hate crimes. We strive to show compassion and support for our clients while fighting to secure a safe environment for them in the United States.
Violence Against Women Act (VAWA) – Immigration Law
Violence Against Women Act (VAWA) petitions require sensitivity and thoroughness. Our Sacramento immigration lawyers are well-suited to handle cases involving battered spouses, children, and parents of US citizens and lawful permanent residents. It is unfortunate that many non-citizens have suffered battery or extreme cruelty, but our immigration attorneys are hopeful that the Violence Against Women Act will provide a way for these individuals to find safe haven in the US without having to fear deportation. Our immigration lawyers have assisted numerous victims of battery and extreme cruelty and are equipped with the know-how and experience to assist you.
What is the Violence Against Women Act (VAWA)?
The Violence Against Women Act (VAWA) allows battered non-citizen spouses, children, and parents of US citizens or lawful permanent residents to apply for permanent resident status or remove the conditions on their two-year conditional permanent resident status.
What are the requirements for Violence Against Women Act (VAWA)?
The individual seeking to apply individually for the benefits of VAWA must be a spouse, parent, or child of a US citizen or lawful permanent resident. Also, the individual must have been subject to battery or extreme cruelty by the US citizen or lawful permanent resident. Although women are generally subject to physical abuse by their US citizen or lawful permanent resident spouse, men may also qualify under VAWA despite its title. Essentially, VAWA does not discriminate based on gender. Residence must also be established along with the petitioner’s good moral character.
What if the abuser died?
If the self-petitioner was the spouse of an abusive US citizen (and not a lawful permanent resident) who died within the past two-years, the victim may still apply for a self-petition.
What is batter and/or extreme cruelty?
Abuse is broadly defined and interpreted to cover physical, sexual, psychological, and economic coercion. A non-exhaustive list exists and examples of abuse include, social isolation, accusations of infidelity (cheating on the spouse), constant name-calling, threats, degrading, not allowing the victim to obtain a job or pursue educational opportunities, etc. In spousal cases, the abuse must have occurred during the marriage.
What are some of the benefits of applying for the Violence Against Women Act (VAWA)?
For one, the petitioner can apply without the abusive spouse or parent’s knowledge. Also, it could confer lawful permanent residence or remove the condition on permanent residence on the applicant. Although some might not qualify for VAWA, the victim might still find relief by petitioning for a U-Visa for Victims of Crime.
I was subject to abuse, but my child was not. Can my child benefit from VAWA as well?
Yes, the self-petitioner may include derivative children on his or her application, but the child must be under the age of 21.
Whether you seek immigration benefits under the Violence Against Women Act or U-Visa for Victims of Crime, our Sacramento immigration law firm can assist you. If you are concerned about potential repercussion by your abuser, please inform us as our focus is to meet and obtain these benefits on your behalf without compromising your safety. Our team of immigration lawyers are well-equipped to serve you and implement ways to discuss and pursue your case confidentially.
Please do not hesitate to contact our immigration law firm, Kyung Immigration Law Office, A Professional Law Corporation.
USCIS Violence Against Women Act (VAWA): http://www.uscis.gov/humanitarian/battered-spouse-children-parents
Victims of Crime Visa (U-Visa) – Immigration Law
Victims of Crime Visas (U-Visa) are reserved for those who have suffered substantial physical or emotional abuse and could be an avenue for you to affirmatively or defensively obtain its benefits. Our Sacramento immigration lawyers have extensive experience in assisting victims of crime. We understand the importance of confidentiality and sensitivity needed in cases where the victim is an undocumented immigrant or a victim of domestic violence. Our immigration attorneys have a successful background in obtaining U-Visas for victims of crime and passion to assist individuals who deserve to stay and work in the US.
What is a U-Visa?
The U-Visa is a nonimmigrant visa that allows non-citizen crime victims and their qualifying family members to live and work in the US for up to 4 years. Extensions are granted in certain cases.
What are the benefits of a U-Visa?
Although nonimmigrant visas typically are temporary, the U-Visa allows U-Visa holders to apply to become lawful permanent residents (green card holders) after 3 years as a U-Visa holder. Although U-Visa holders are technically eligible to apply for a U-Visa abroad and may reenter the US after a trip abroad, we highly recommend against this since there is no guarantee of reentry and your exit could trigger a three- or ten-year bar of admissibility.
What are the requirements to become eligible for a U-Visa?
A non-citizen may be eligible for a U-Visa if the following are satisfied:
- Be admissible to the US;
- Must have suffered substantial physical or mental abuse as a victim of criminal activity, such as rape, torture, human trafficking, domestic violence, kidnapping, murder, manslaughter, felonious assault, etc.;
- The individual (or the parent, guardian, or next friend of an immigrant child under the age of 16) possesses information concerning that criminal activity;
- Has been, is being, or is likely to be helpful in the investigation or prosecution of the criminal activity; and,
- The criminal activity violated the laws of the US or occurred in the US.
What if I am not admissible because I entered without inspection (am an undocumented immigrant)? Can I still apply?
For those individuals that are in the US without proper documentation, or might be otherwise inadmissible, you must request an I-192 Application for Advance Permission to Enter as a Nonimmigrant.
Who are the qualifying relatives that can benefit from my U-Visa application?
Your qualifying spouse, child, parent, or sibling, whether in the US or abroad can benefit and although there is a 10,000 U-Visa cap to which you are subject, your derivatives are not subject to this cap. If the victim is under 21 years of age when the application is filed, parents, unmarried siblings under 18 at the time when the application is filed, spouse, and unmarried children under 21 qualify. If the victim is over 21, a spouses and unmarried children under 21 qualify; however, the children must be 21 both at the time of the filing and at adjudication. Please note that the abuser cannot apply for derivative status; thus, if your attacker is your spouse, parent, or child who would otherwise qualify, they will not be eligible if they are the attacker.
Our Sacramento immigration lawyers at Kyung Immigration Law Office, A Professional Law Corporation take pride in assisting immigrants; particularly, victims of crime. Although it is unfortunate that many individuals fear deportation and fell victim to a crime in the US, many have the opportunity to apply for a U-Visa. Our law firm is prepared to assist you if you meet the criteria necessary for a Victims of Crime U-Visa.
Please do not hesitate to contact our Sacramento immigration attorneys at our law firm, Kyung Immigration Law Office, A Professional Law Corporation.
USCIS Victims of Crime Visa (U-Visa): http://www.uscis.gov/humanitarian/victims-human-trafficking-other-crimes/victims-criminal-activity-u-nonimmigrant-status/victims-criminal-activity-u-nonimmigrant-status