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How to decide which Visa you may qualify for as a victim of violence
[no-lexicon]U Visa [/no-lexicon] | [no-lexicon]T Visa [/no-lexicon] | [no-lexicon]VAWA Self-Petition [/no-lexicon] |
| To qualify, victims need to show that they were a victim of a qualifying crime. | To qualify, victims must work with law enforcement in the investigation of the human trafficking case. | To qualify, the abuser must be a US citizen or lawful resident. Plus, the victim must have lived with the abuser and suffered violence. This violence can be physical or mental. |
| The law rewards people who have been the victims of certain crimes who cooperate with the police. This is true for other investigators, prosecutors or judges in a criminal case. | This visa protects victims of sex trafficking or labor trafficking. Many of these victims are lured by traffickers with promises of work and a good life in the United States. Then, they are brought in as slaves. | This law, known as VAWA, protects victims of domestic violence. It does this by letting them apply for legal immigration status. They can do this without needing the abusive US citizen or lawful permanent resident. The law also gives options to victims who are in the process of deportation now. This law applies to men who are victims of abuse too. |
Being the victim of a crime or survivor of domestic violence can be scary and stressful. Undocumented victims of certain crimes, including domestic violence, might be able to stay in the United States. A U Visa, the Violence Against Women Act (VAWA), and a T Visa can be used to do this. Depending on the situation, the victim's family members may be able to stay too.
This video explains U Visas and VAWA
If you are able, speak with an immigration attorney. Immigration law is complex, so make sure you speak to a licensed lawyer. You may talk to an accredited agent of a not-for-profit agency. This agent would be known by the immigration courts to provide low-cost legal services.
Be wary of people who claim to be immigration specialists but who don't have the right license or training. “Notary publics” and travel agents are not licensed to practice immigration law. They won't be able to defend you from deportation proceedings if something goes wrong. Ask if the person is a licensed attorney. If they are not, ask if they are an “accredited representative”.
VOICES Act Certification
If you are an immigrant and a victim of criminal activity, you may qualify for a certification under the Voices of Immigrant Communities Empowering Survivors (VOICES) Act. Under the VOICES Act, victims can ask law enforcement for certifications that are needed for T and U visas. A certification shows your cooperation with law enforcement. They may need you to assist them in their investigation.
You should know that getting a certification does not guarantee you will get the T or U visa, but it is an important step in that process.
Applying for Status
For more information on how to apply for legal status through the U Visa, VAWA, or T Visa, you can find application forms and checklists on the USCIS website.
Illinois residents may file their completed applications here:
USCIS Vermont Service Center
38 River Road
Essex Junction, VT 05479-0001
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