The U Nonimmigrant Visa (U Visa) allows a witness or victim to apply for a temporary nonimmigrant visa and eventually apply for legal permanent residency. In order to be eligible for the U visa, one must have been a witness or victim of at least one of the following crimes:
- Domestic violence;
- Sexual assault;
- Female genital mutilation;
- Involuntary servitude;
- False imprisonment;
- Felonious assault;
- Witness tampering;
- Obstruction of justice; or
- The victim must have suffered substantial physical or mental abuse because of this crime,
- Be helpful in the investigation, and
- Receive a certification from the police, prosecutor or judge in the case certifying that the victim was helpful in the investigation.
Contact Belmonte & De La Torre Law Firm, P.L.L.C. to schedule a FREE consultation with our Immigration Attorney at (602) 753-5383.
The Violence Against Women Act (VAWA) allows certain victims of abuse who are not citizens to obtain lawful status. VAWA is equally available to both men and women who fit under the categories below. Do not let the name mislead you. Men can be victims as well.
The Violence Against Women Act (VAWA) allows the applicant to apply for legal permanent residency immediately after their case is approved. In order to determine which application, you are eligible for, contact Belmonte & De La Torre Law Firm, P.L.L.C. to schedule a FREE consultation with our Immigration Attorney at (602) 753-5383.
The Possible Forms of Relief:
- If you were abused by:
- Your U.S. citizen or legal permanent resident spouse (or if that spouse has abused your child);
- Your U.S. citizen or legal permanent resident parent (including a step-parent); or
- Your U.S. citizen adult son or daughter
- If you have conditional legal permanent residence as a spouse (or as a child) of a U.S. citizen or legal permanent resident, and the U.S. citizen or legal permanent resident has abused you.
You are eligible for a “Battered spouse or child waiver”
- If you are in removal proceedings before an immigration judge, and you were abused by your U.S. citizen or legal permanent resident spouse or parent (Or you have a child with the U.S. citizen or legal permanent resident who is abused by him/her),
It might be possible to apply for “VAWA cancellation of removal.”
**VAWA does not require the applicant to have filed a criminal complaint against their abuser. **