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GEORGIA Victim Legal Assistance Network

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  3. Immigration
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Immigration

Warning Violence Against Women Act (VAWA) Self-Petition Battered Spouse Waiver U Visa S Visa T Visa Other rights of immigrant victims of crime

Warning

COVID-19: Some information may be subject to change due to the pandemic or changes in immigration law and policy
  • If you are without permanent status to live in the United States...
    • You may be nervous to say you are a victim of crime

    • You may be worried that the police will check your immigration status and deport you

    • You may decide not to report the crime or ask for help

    • However, certain U.S. laws may protect undocumented victims of domestic violence, human trafficking, and other crimes.

  • Talk to an immigration lawyer to be fully informed of the benefits and risks before you apply.

For more information, see...

  • The USCIS website
  • The Immi website
  • The Welcoming Atlanta website
  • The National Human Trafficking Hotline or call 1-888-373-7888

Violence Against Women Act (VAWA) Self Petition

 

  • WHAT is the Violence Against Women Act?
    • An act that protects immigrant victims of domestic violence married to abusive U.S. citizens or Lawful Permanent Residents.
      • VAWA allows you to become a lawful permanent resident without the help of your abusive spouse.
    • Immigrant victims may be too scared to ask their abusive spouse for help.
    • Your abusive spouse may:
      • Stop you from asking for help because you don’t have your immigration papers
      • Promise to help you get your legal status as long as you stay in the relationship
      • Use the immigration process to control, threaten, or scare you
      • Threaten to have you deported
  • WHO can file a VAWA Self Petition?
    • You may qualify if one of the following is true:
      • You are or were married to a U.S. citizen who has abused you
      • You have been abused by your lawful permanent resident spouse or former spouse
      • You are a parent of a child who was abused by your U.S. citizen or LPR spouse
      • You have been abused by your child who is a U.S. citizen
      • You have been abused by your U.S. citizen or lawful permanent resident parent
    • VAWA covers men and women domestic violence victims.
    • You can apply for your children too (even if they are not abuse victims)
    • You must prove that you...
      • Are a child, parent, or current or former spouse of a US citizen or permanent resident,
        • You must prove that you did not marry only to get immigration status
        • If you did not marry your abuser, you may be eligible for a U Visa
      • Live/lived with your abuser in the United States,
      • Have “good moral character” AND
        • You do not have a criminal record
      • Are a victim of abuse or battery such as...
        • Physical or mental abuse
        • Psychological abuse or threats
        • Sexual abuse such as rape
          • It is against the law to have sex with your spouse or intimate partner without consent
HOW do I file a VAWA Self Petition?
  1. File Form I-360 Petition for Amerasian, Widow(or), or Special Immigrant.
  2. Then we can apply for lawful permanent residence.
    • If you did not marry your abuser, you may be eligible for a U Visa 
  3. The Department of Homeland Security will consider any evidence:
    • Orders of protection
    • Police or court records
    • Medical records
    • Affidavits or sworn statements from school officials, social workers, or shelter workers
    • Your written statements about what happened

For more information, see...

  • The the Battered Spouse, Children and Parents page of USCIS
  • The Immi website
  • The Welcoming Atlanta website

Battered Spouse Waiver

 

WHAT is a Battered Spouse Waiver?
  • A waiver for immigrant spouses who have been abused.
  • If you and your spouse had been married for less than 2 years when you filed a visa petition, you may have been issued a 2 year conditional green card.
  • After your green card expires, you must file a joint application for a permanent green card to show that your marriage has continued.
    • Your abusive spouse may use this requirement to control, scare, or harm you.
    • Victims of domestic violence may file the application by themselves. It is not necessary to receive the help of their abusive spouse.
WHO can get a Battered Spouse Waiver?
  • Victims who have been battered or abused
  • Victims who have divorced and it was not their fault
  • Victims whose spouses have died
  • Victims who could show that they would suffer if removed from the United States
HOW do I apply for a Battered Spouse Waiver?
  • File Form I-751
    • Petition to Remove Conditions on Residence
    • Check the box saying your are applying on your own
    • Include proof of the battery and abuse such as:
      • Police reports
      • Hospital records
      • Orders of protection
      • Statements from witnesses
      • Your own detailed statement about the abuse
  • For more on applying for a Battered Spouse Waiver, see the USCIS website.

U Visa

 

WHAT is a U Visa?
  • A visa that offers protection to victims of intimate partner violence.
  • You must cooperate with law enforcement in the investigation or prosecution of criminals.
WHO can get a U Visa?
  • Victims of certain crimes who...
    • Have suffered physically or mentally because of the crime
    • Have information about the crime that can help law enforcement
  • The crime must have occurred in the United States
  • Certain family members may also be protected by a U Visa.
WHAT types of crimes qualify?
  • Blackmail
  • Domestic Violence
  • Female Genital Mutilation
  • Felony Assault
  • Human Trafficking
  • Kidnapping
  • Murder
  • Prostitution
  • Rape
  • Witness Tampering
  • See USCIS for a list of crimes
HOW do I apply for a U Visa?
  • File Form I-918
    • Petition for U Nonimmigrant Status
    • A judge, prosecutor, or police officer must certify your help on Supplement B
For more information, see...
  • The USCIS website
  • The Immi website
  • The Welcoming Atlanta website
  • The National Human Trafficking Hotline or call 1-888-373-7888

S Visa

 

Warning: It is very difficult to get an S Visa.
WHO may be eligible for an S Visa?
  • People who have information about a crime or criminal organizations.
WHAT are my rights with an S Visa?
  • You can travel to the United States to be a witness in a criminal trial.
  • You could become a lawful permanent resident after assisting law enforcement.
HOW can I apply for an S visa?
  1. File Form I-854
    • Interagency Alien Witness and Informant Record
  2. After Form I-854 is approved, file Form I-485
    • Application to Register Permanent Residence or Adjust Status
    • For a list of evidence you must submit with your Form I-485, see the USCIS website.
  • NOTE:
    • You must cooperate with law enforcement.
    • You will have to live under certain restrictions before the visa is granted.
    • Before filing an application for lawful permanent residence, you must complete a cooperation agreement.
    • Talk to a police officer or prosecutor about obtaining an S Visa
For more information, see USCIS's Site on Green Card for an Informant

T Visa

 

WHAT is a T Visa?
  • A visa that offers temporary immigration benefits to victims of sex or labor trafficking
  • A T Visa allow a person to live and work in the United States for at least 4 years
  • A T Visa holder can apply for lawful permanent residence after 3 years or sooner*
WHO can get a T Visa?
  • You can get a T Visa if you...
    • Are a victim of sex or labor trafficking
      • ​Including BUT NOT limited to individuals:
        • ​who are forced to work against their will,
        • who work in hostile and unsanitary conditions,
        • whose employers take and retain their passports or other personal documents, OR
        • whose employers have limited or restricted their access to leave or communicate with others
    • Are currently in the United States because of the trafficking*
    • Report or cooperate in a criminal investigation or prosecution of the traffickers,
      • ​Unless you are under 18 years of age;
      • Or you are unable to cooperate with a request due to physical or psychological trauma
    • And can show that you would suffer if removed from the United States
HOW do I apply for a T Visa?
  • File a Form I-914
    • Application for T Nonimmigrant Status
    • Some of your immediate family members may also be able to apply -- File Form I-914 Supplement A
  • File a Form I-192
    • Only need to file if you are inadmissible to the United States* 
  • For more on applying for a T Visa, see the USCIS website.
  • It is always recommended that you speak with an immigration lawyer to advise you of your rights and discuss any risks before you apply.

*This language has been simplified to help identify potential T Visa eligibility. Please refer to the USCIS website or speak with an immigration lawyer to determine if you qualify.

For more information on reporting a situation of human trafficking, see the National Human Trafficking Hotline or call 1-888-373-7888.

Other Rights of Immigrant Victims of Crime

 

  • VAWA, S, T, and U Visa applicants may be eligible for employment benefits.
    • You may also be eligible for certain federal and state benefits/services.
  • The government will protect your privacy.
    • The government will not speak to your abuser about you.
    • The government will not tell your abuser about your application.
    • No Department of Homeland Security worker can share that you have applied immigration benefits
  • If your application is not approved, you may be deported.
    • This includes applicants who file based on domestic violence

    • It is risky to file an application if the government does not know about you.

    • Speak with an immigration lawyer before filing an application.

For more information, see...
  • The USCIS website
  • The Immi website
  • The Welcoming Atlanta website
  • The National Human Trafficking Hotline or call 1-888-373-7888
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This project is supported by federal award no. 2018-V2-GX-0066 awarded by the Office for Victims of Crime and administered by the Criminal Justice Coordinating Council. The opinions, findings, conclusions, and recommendations expressed on this website are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office for Victims of Crime or the Criminal Justice Coordinating Council.