If you have been the victim of a crime in the U.S., you may be eligible for certain visas. USCIS offers U and T visas, along with legal status through asylum and the Violence Against Women Act (VAWA). These options allow noncitizens to apply for visas, deferred action, or legal permanent residence if they’ve been victimized, even if not reported to police in certain cases.
Smith Knudson provides compassionate, practical advice and legal services to immigrants in the U.S. and abroad who are victims of crimes, fleeing persecution, or experiencing other types of humanitarian crises.
The following are a few examples of benefits available for humanitarian cases:
U visas allow immigrant victims of qualifying crimes who help law enforcement in the investigation or prosecution of the crime to apply for temporary legal status in the United States. The victim must cooperate with investigative authorities, and only certain crimes qualify. U visas are available in limited quantity annually, though a wait list is kept for applicants who meet the requirements when no visas are available. Individuals who receive a preliminary bona fide determination may be granted work authorization while waiting for final adjudication.
The U Visa generally provides legal status and work authorization for four years. After three years, U nonimmigrants may be eligible to apply for lawful permanent residency. Victims of qualifying crimes inside the U.S. may apply for a U visa abroad. Family members, including spouses, parents of victims under 21, children under 21, and siblings under 18, may also be able to gain lawful status through the U nonimmigrant’s application.
T visas are available to noncitizens who are victims of human trafficking, indentured servitude, or labor exploitation. Human trafficking is a real problem in the U.S. and the world. The victims may be of any age and are often subjected to cruel and inhumane treatment. T nonimmigrants may not refuse reasonable requests for assistance in investigations or prosecutions. Similar to U visas, a visa is given for 4 years, with the option of applying for permanent residence after 3 years.
Individuals with a well-founded fear of persecution in their home countries because of their political opinion, religion, membership in a social group, race, or nationality may apply for asylum to remain in the U.S. legally.
Abused immigrant spouses, parents, and children of U.S. citizens or lawful permanent residents may be eligible to gain their independence by petitioning for lawful permanent residence on their own. Through VAWA, a person must show they’ve been the victim of extreme cruelty or battery at the hands of an abusive LPR or citizen spouse, child, or parent. Applicants can apply without the knowledge of the abuser.
Children who are unmarried, under 21 years of age, and are present in the U.S. having suffered abuse, neglect, or abandonment by one or both parents may be able to obtain a green card. This requires several steps including a state court order and an application for benefits to USCIS.
At Smith Knudson, we do not have all the answers to the world’s problems. However, our experienced immigration attorneys can answer your questions about seeking the immigration help you or a loved one needs. Smith Knudson and their attorneys have worked extensively with victims and successfully obtained protection for our clients. Call us or contact us online today to schedule a consultation if you think you might be eligible for any of these options and want to discuss your circumstances.
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