Victims of Crime, Abuse, or Mistreatment
There are several forms of immigration relief for foreign nationals who become victims of domestic violence, child abuse, human trafficking, and certain other crimes. Determining which of these categories is the best match for your situation can be difficult and emotional. Some people may qualify for more than one category, and some people should consider alternate routes to safety and citizenship. Eagan Immigration can help navigate you through this process and determine the best options for your case.
U Visa Petitions
U visas are available for victims of crimes in the United States who have suffered substantial mental or physical abuse and are willing to assist in the investigation or prosecution of the criminal activity. U visas are valid for four years and the U visa holder may be able to apply for permanent residence after three years.
T Visa Petitions
T visas are available for victims of human trafficking, whether for labor or sex purposes. An individual may be eligible for a T visa if he or she was the victim of trafficking, is currently in the United States due to trafficking, complied or complies with any reasonable request from a law enforcement agency for assistance in the investigation or prosecution of human trafficking, and demonstrates that he or she would suffer extreme hardship involving unusual and severe harm if you were removed from the United States. T-visas are valid for four years and the visa holder may be eligible to apply for permanent residence after three years.
Violence Against Women Act (VAWA) Petitions
VAWA is a means for survivors of domestic abuse (including spouses, children, and parents) to self-petition for lawful status in the United States, receive employment authorization, and access public benefits without the cooperation of the U.S. citizen or the permanent resident who is abusing them. To qualify, the applicant must be the spouse (or ex-spouse), parent, or child of a lawful permanent resident or U.S. citizen. You must also have been the victim of mistreatment by your U.S. citizen or lawful permanent resident spouse (or ex-spouse), parent, or child. Mistreatment can take many forms, including physical, sexual, emotional, and verbal mistreatment. There is no risk of harm to your U.S. citizen or lawful permanent resident spouse (or ex-spouse), parent, or child if you file a VAWA application based on mistreatment, and the application is completely confidential.
Petition through your child, spouse, or parent (VAWA)
You may be eligible for a VAWA case based on common problems with your spouse, parent, or child.
- You may qualify if you have a U.S. citizen child over the age of 21.
- You may qualify if you are married, separated, or recently divorced (within 2 years) from your citizen or resident spouse.
- You may qualify if you are under 25 years old and have a citizen or resident father, mother, stepfather, or stepmother.