I Am a Crime Victim; Can I Change My Immigration Status?
Being the victim of a crime or survivor of domestic violence can be a scary and stressful experience. Undocumented victims of certain crimes, including domestic violence, and the families of the victims can qualify to stay in United States. Both a U Visa and the Violence Against Women Act, or VAWA, can be used to stay in the United States.
This video explains U Visas and VAWA. If you have been the victim of certain crimes or subject to domestic violence, immigration law may help provide you legal status. Both VAWA and U Visa may provide legal status for victims of domestic violence, but there are differences.
For VAWA, the domestic violence has to be at the hands of a U.S. citizen or Lawful Permanent Resident spouse, parent or child. For VAWA, no crime is required to be committed.
For U Visa, it doesn't matter whether the abuser or person who committed the crime is documented or not. To be eligible for a U Visa, however, you must show you were the victim of certain kinds of crimes.
If you think you are eligible, you should speak with an immigration attorney. Immigration law is complex, so make sure you speak to a licensed lawyer. Or you may talk to an accredited agent of a not-for-profit agency who has been 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 and won't be able to defend you from deportation proceedings if something goes wrong. Ask if the person is a licensed attorney; if not, ask if they are an “accredited representative”.
U Visas for Crime Victims
The U.S. Government created U Visa to keep people safe and encourage the reporting of crimes, including domestic violence. The law rewards people who have been the victims of crimes who cooperate with the police, or other investigators, prosecutors or judges involved in a criminal case. Even if the criminal case did not go to court, a crime victim may still be eligible.
A U Visa is a temporary visa issued by the government for victims of certain crimes. The crimes covered by a U Visa include: domestic violence, rape, physical harm, torture, false imprisonment, murder, and forced prostitution. This is only a partial list. You should check with a lawyer to see if the crime you faced is covered under the law. This 4-year visa allows you and your family to live and work in the United States and apply for your green card.
To get a U Visa, you must show:
· You are the victim of one of the crimes covered in the law
· You suffered “substantial harm” as the result of the crime – either physical harm, like a broken bone - or mental harm
· You are, were or will be helpful to the police
You show this last item by having a police officer, prosecutor, or judge sign a certification form. It must be included in your application.
Even if you were denied your green card before, you may apply for a U Visa. Check with a lawyer to see if this is possible.
In order to apply for a U Visa, you will need to submit an application to immigration along with certain documents. If you have access to these documents, you may start collecting them now and bring them to your first meeting with a lawyer. Here are some documents you will need:
· A current passport from your home country. If you need to apply for a new one, you should do so at your Embassy. If you cannot get one, you may be able to qualify for a waiver
· Proof of the abuse, which may include:
o Police reports about the crime
o Medical records if you suffered any injuries from the crime
o Newspaper stories about the crime or any follow-ups
o Personal journals that you kept describing the crime and its effect on you, and
o Photos of your injuries
You should keep copies of any papers that you get from the police, hospital, or court. You should also write a statement that tells, in your own words, about the crime, how you felt, and how you helped law enforcement.
If you qualify for a U Visa, it can apply to both you and your family. You should discuss with a lawyer how to apply to allow your spouse and children to stay in the country with you.
VAWA for Domestic Violence Survivors
Undocumented immigrants may qualify for immigration status under laws sometimes referred to as the Violence Against Women Act (VAWA). This law applies to an immigrant who suffered domestic violence at the hands of a U.S. citizen or a Lawful Permanent Resident family member. VAWA is available to anyone who has suffered physical or mental abuse or extreme cruelty. Anyone, male or female, can apply for VAWA. If your application is granted, you may be eligible to apply for a green card or work authorization.
In a domestic abuse situation, the abuser may use a survivor’s lack of immigration status to threaten or control his or her spouse, parent or child. The government created laws to allow relatives to apply for immigration status without the abuser's knowledge or help. Relatives covered under this are:
· Spouses and children of Lawful Permanent Residents
· Spouses and children of U.S. citizens and
· Parents of adult children who are U.S. citizens
To file under VAWA, the person who abused you must be a United States Citizen or Lawful Permanent Resident – meaning that they already have their green card.
Also, the person who abused you must be a household member. This means that the abuser is your spouse, parent, or child and you live or used to live with them. If this is not your situation, you should not apply under VAWA.
Domestic violence can include physical violence, such as hitting, kicking, or forced sex. It can also include emotional or mental violence, such as threats or economic dependence.
VAWA is available to those who suffer physical and mental abuse and to those who are subject to “extreme cruelty”. Extreme cruelty includes non-violent actions that occur over a period of time. This can mean that you are isolated from other people and forced to remain in your home or by yourself. Extreme cruelty can also occur when someone forces you to do all of the hard labor and domestic chores in a household. To learn more about what qualifies as extreme cruelty, you should talk to an immigration lawyer.
In order to file under VAWA, you will need to submit an application along with certain documents. If you have access to the papers, you may start collecting them now and bring them when you meet with a lawyer.
Here are some information and papers you will need:
· Information that shows the person who hurt you is a US citizen or Lawful Permanent Resident, such as their full name, birth date, and social security number. A copy of the abuser’s green card or passport is best. If you cannot find this information, you may ask for help locating the abuser’s information. Put your request for help in writing and include it with your application.
· Marriage or Birth Certificate so that you can prove your relationship to the person who is hurting you.
· Information that shows the abuser was part of your household, such as mail sent to both you and the abuser at the same place. It counts even if you lived together for a short period of time.
· Proof of the abuse, which may include:
o Police reports that document the abuse, photos that show any injuries you suffered, and medical records that detail your injuries.
o Personal journals where you wrote about your experience and your relationship with the abuser.
o Sworn statements from family and friends who saw the abuse or who you have told about the abuse.
You should also keep copies of any papers that you get from the police, hospital, or court.
If you qualify for a green card through VAWA, it can apply to both you and your family. When you meet with a lawyer, ask how to apply to allow your children to stay in the country with you.
These applications are long and complex and you may need an expert to help you. Immigration law is not something you should try to figure out on your own.
Contact the legal aid organizations listed here for more information,
· National Immigrant Justice Center
· LifeSpan
· LAF
· Land of Lincoln Legal Assistance Foundation
· Prairie State Legal Services
or visit www.illinoislegalaid.org / ayudalegalil.org