Temporary nonimmigrant visas are available for victims of certain crimes, including T visas for victims of human trafficking; and, U visas for victims of violent crimes (like domestic violence, involuntary servitude, kidnapping, false imprisonment, and assault, among others). These applications require substantial amounts of documentary evidence. Our office can help guide you through the proper procedures to ensure your application is processed properly by local officials before it is sent to USCIS.
These visa categories allow for a potential stay of three years and the possibility to apply for lawful permanent residence. To do so, you must cooperate in any criminal prosecution.
Trafficking victims can remain in the United States as long as they meet T visa requirements and assist law enforcement in the investigation or prosecution of those responsible for the crime. When the victim receives the T visa, he or she can apply for a green card after three years.
The U Visa has been coined as an effective resource for law enforcement, particularly for undocumented immigrants who are at a higher risk of abuse, exploitation, and victimization because of their status and fear of deportation if they report a crime.
This status provides protection and immigration status to victims of crimes who have suffered substantial physical or emotional abuse because of that crime. As long as the individual assists law enforcement with the investigation, up to and including prosecution, they are allowed to remain in the United States. A U Visa immigration lawyer at Lamb & Turner PPLC can help guide you through the application process.
Abused children (unmarried and under 21 years old), parents, or spouses of U.S. citizens may be eligible for green cards based on the Violence Against Women Act (VAWA) provisions in the Immigration and Nationality Act. Additionally, abused children (unmarried and under the age of 21) and spouses of green card holders may also apply for protection under the VAWA provisions. In either case, once the VAWA petition has been approved, the abused applicant is eligible to apply for a green card. The most important aspect of the VAWA program is that it allows the abused family members to self-petition for an immigrant visa without the knowledge of the abuser.