HOW TO GET YOUR GREEN CARD IF YOU ARE AN UNMARRIED VICTIM OF DOMESTIC VIOLENCE
In 2000, Congress passed another law to help people victims of domestic violence, who are not married to U.S. citizens or permanent residents. That law created a "U visa" for victims of domestic violence and other crimes, including rape, sexual assault, incest, torture, kidnapping and involuntary servitude. However, most undocumented women are unaware of this law.
What is a U-visa?
The Victims of Trafficking and Violence Protection Act of 2000 created two new nonimmigrant visas for noncitizen victims of crimes, the T-visa and the U-visa. Both visas are designed to provide immigration status to noncitizens that are assisting or are willing to assist authorities investigating crimes.
The U visa is designed for noncitizen crime victims who (1) have suffered substantial physical or mental abuse from criminal activity; (2) have information regarding the criminal activity; (3) assist government officials in the investigation or prosecution of such criminal activity; and (4) the criminal activity violated US law or occurred in the United States (including Indian country and military installations) or the territories and possession of the United States.
Your abuser does not need to be a U.S. citizen or lawful permanent resident, and you do not have to have been married to the abuser to be eligible for a U visa. You are not required to be physically present in the US to qualify for a U visa. You can apply from abroad as long as the criminal activity violated US law or occurred in US territories.
Persons granted U visa status can remain in the United States for a period of up to 4 years, with possible extensions in certain cases (ask a lawyer if you are in need of an extension). After three years, U visa holders may apply for lawful permanent residence. The U visa holders automatically qualify for employment authorization.
How is my current temporary visa affected by a U visa?
If you have a current temporary visa, you can apply for a U- visa.
If you are granted U-visa, you will have to cancel your current nonimmigrant visa and not renew it.
Should I, as a U-visa applicant, go to CIS?
You may not want to go to the CIS, even if you think you qualify as a potential U-visa applicant. There is always the possibility of deportation if you do not have a current legal status.
There are many questions about how CIS will interpret the eligibility requirements. If you are currently undocumented and you approach CIS for a U visa, you could be deported if your U visa application is denied. In all cases, contact The Law Offices of N.M. Gehi so that we may help you figure out if you are likely to qualify or if there is a risk of being deported.
If I have been the victim of domestic violence, should I apply for VAWA or for a U-visa?
It depends. If you are an abused spouse or child of a lawful permanent resident or US citizen, you are eligible to self-petition to gain lawful status under VAWA.
Victims of domestic violence who are not married to the abuser, or who have been abused by spouses who are not US citizens or lawful permanent residents, are not eligible to self-petition under VAWA, but may seek status under the U visa. You should discuss either of these options contact the Law Offices of N.M. Gehi.
What are the benefits of a U visa?
Approved U visa petitioners will be granted temporary legal status and work authorization. After three years, you will be eligible to apply for lawful permanent resident status. Be aware that U visa holders can remain in the US for a period up to 4 years with a possible extension in certain cases.
Can family members benefit from the U-visa?
Certain family members of persons granted U visa status can also qualify for a U- visa. Depending on the applicant’s age, certain family members may be able to receive visas at the same time as the principal applicant. Eligible family members may be your spouse, unmarried children and your parents. Contact The Law Offices of N.M. Gehi to find out if your family member qualifies.
Can I become a lawful permanent resident if I hold a U-visa?
U-visa allows an applicant to apply to become a lawful permanent resident after 3 years. Qualifying for legal permanent residency has many requirements. Contact The Law Offices of N.M. Gehi to find out if you meet those requirements.
Can I travel outside the US after my U-Visa is approved?
U visa holders are allowed to leave the US but must apply for a reentry visa U Visa holders should keep in mind that if they accrued more than 180 days of “unlawful presence” prior to obtaining U nonimmigrant status, they may be found inadmissible on their return to the US.
Am I eligible to apply for a U Visa?
Maybe. Victims of a broad range of criminal activity listed in the legislation may qualify for U visas. Many of these victims will be women and children and include victims of domestic violence, nannies subjected to abuse from their employers, trafficking victims, and victims of rape in the workplace. Contact The Law Offices of N.M. Gehi to find out if you qualify.
Am I eligible to apply for a U visa if I am outside of the US?
You are not required to be physically present in the US to qualify for a U visa. You can apply from abroad as long as the criminal activity has violated the US law or has occurred in US territories. Contact your local consulate to find out more information.
Contact the Law Offices of N.M. Gehi, P.C. to schedule a free consultation to discuss whether you qualify for a U-Visa. 718-263-5999.
What is a U-visa?
The Victims of Trafficking and Violence Protection Act of 2000 created two new nonimmigrant visas for noncitizen victims of crimes, the T-visa and the U-visa. Both visas are designed to provide immigration status to noncitizens that are assisting or are willing to assist authorities investigating crimes.
The U visa is designed for noncitizen crime victims who (1) have suffered substantial physical or mental abuse from criminal activity; (2) have information regarding the criminal activity; (3) assist government officials in the investigation or prosecution of such criminal activity; and (4) the criminal activity violated US law or occurred in the United States (including Indian country and military installations) or the territories and possession of the United States.
Your abuser does not need to be a U.S. citizen or lawful permanent resident, and you do not have to have been married to the abuser to be eligible for a U visa. You are not required to be physically present in the US to qualify for a U visa. You can apply from abroad as long as the criminal activity violated US law or occurred in US territories.
Persons granted U visa status can remain in the United States for a period of up to 4 years, with possible extensions in certain cases (ask a lawyer if you are in need of an extension). After three years, U visa holders may apply for lawful permanent residence. The U visa holders automatically qualify for employment authorization.
How is my current temporary visa affected by a U visa?
If you have a current temporary visa, you can apply for a U- visa.
If you are granted U-visa, you will have to cancel your current nonimmigrant visa and not renew it.
Should I, as a U-visa applicant, go to CIS?
You may not want to go to the CIS, even if you think you qualify as a potential U-visa applicant. There is always the possibility of deportation if you do not have a current legal status.
There are many questions about how CIS will interpret the eligibility requirements. If you are currently undocumented and you approach CIS for a U visa, you could be deported if your U visa application is denied. In all cases, contact The Law Offices of N.M. Gehi so that we may help you figure out if you are likely to qualify or if there is a risk of being deported.
If I have been the victim of domestic violence, should I apply for VAWA or for a U-visa?
It depends. If you are an abused spouse or child of a lawful permanent resident or US citizen, you are eligible to self-petition to gain lawful status under VAWA.
Victims of domestic violence who are not married to the abuser, or who have been abused by spouses who are not US citizens or lawful permanent residents, are not eligible to self-petition under VAWA, but may seek status under the U visa. You should discuss either of these options contact the Law Offices of N.M. Gehi.
What are the benefits of a U visa?
Approved U visa petitioners will be granted temporary legal status and work authorization. After three years, you will be eligible to apply for lawful permanent resident status. Be aware that U visa holders can remain in the US for a period up to 4 years with a possible extension in certain cases.
Can family members benefit from the U-visa?
Certain family members of persons granted U visa status can also qualify for a U- visa. Depending on the applicant’s age, certain family members may be able to receive visas at the same time as the principal applicant. Eligible family members may be your spouse, unmarried children and your parents. Contact The Law Offices of N.M. Gehi to find out if your family member qualifies.
Can I become a lawful permanent resident if I hold a U-visa?
U-visa allows an applicant to apply to become a lawful permanent resident after 3 years. Qualifying for legal permanent residency has many requirements. Contact The Law Offices of N.M. Gehi to find out if you meet those requirements.
Can I travel outside the US after my U-Visa is approved?
U visa holders are allowed to leave the US but must apply for a reentry visa U Visa holders should keep in mind that if they accrued more than 180 days of “unlawful presence” prior to obtaining U nonimmigrant status, they may be found inadmissible on their return to the US.
Am I eligible to apply for a U Visa?
Maybe. Victims of a broad range of criminal activity listed in the legislation may qualify for U visas. Many of these victims will be women and children and include victims of domestic violence, nannies subjected to abuse from their employers, trafficking victims, and victims of rape in the workplace. Contact The Law Offices of N.M. Gehi to find out if you qualify.
Am I eligible to apply for a U visa if I am outside of the US?
You are not required to be physically present in the US to qualify for a U visa. You can apply from abroad as long as the criminal activity has violated the US law or has occurred in US territories. Contact your local consulate to find out more information.
Contact the Law Offices of N.M. Gehi, P.C. to schedule a free consultation to discuss whether you qualify for a U-Visa. 718-263-5999.
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