U-Visa/VAWA

U-Visa/VAWA

U-NONIMMIGRANT VISA

A U-Nonimmigrant visa, also known as U-Visa, is a specific class of visa that allows victims of qualifying crimes, and their immediate family members, a pathway to immigration status in the U.S. if they meet the following criteria:

• He or she was the victim of a qualifying crime as identified by the Immigration and Nationality Act (“INA”);
• He or she suffered substantial mental abuse and/or substantial physical abuse;
• He or she possesses knowledge and details about the qualifying criminal activity;
• The qualifying crime occurred in the United States;
• He or she has proved to be, or is likely to be helpful to law enforcement in the investigation of the crime; and
• He or she is admissible to the United States (there are options available to the applicant if he or she is considered inadmissible due to their mode of entry to the U.S.)

The first step of this process usually entails contacting the police department or district attorney’s office handling the investigation of the crime and obtaining certification that a qualifying crime did occur, and that the person seeking the U visa has been helpful and cooperative to the agency’s investigation.

VAWA – Violence Against Women’s Act Petition

Immigration laws protect victims who have faced abuse at the hands of their U.S. Citizen or Permanent Resident spouses. If you have been subjected to physical, emotional, and/or mental abuse by your U.S. citizen/LPR spouse, you may be eligible to “self petition” for your legal status in the U.S. without your spouse’s knowledge. You must be able to establish that your spouse has legal status in the U.S., that you are spouse had a “bona fide” or good faith marriage, and that you resided together.