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The victim and the perpetrator in United States

U-Visa / VAWA

 

 

U-Non-immigrant Visa for Victims of Qualifying Crimes

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U-Nonimmigrant visa, also known as a U-Visa, is set aside to allow victims of qualifying crimes and their immediate family members, a pathway to immigration status in the United States. In order to qualify for a U-Visa, the applicant must demonstrate that he or she meets the following criteria:

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  • He or she was the victim of a qualifying crime as identified by the Immigration and Nationality Act (“INA”);

  • He or she suffered substantial mental abuse and / or substantial physical abuse;

  • He or she possesses knowledge and details about the qualifying criminal activity;

  • The qualifying crime occurred in the United States;

  • He or she has proved to be, or is likely to be helpful to law enforcement in the investigation of the crime; and,

  • He or she is admissible to the United States (there are options available to the application if he or she is considered inadmissible to the United States)

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Qualifying Crimes

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If you are interested in the list of qualifying crimes, you may access the USCIS website at: https://www.uscis.gov/humanitarian/victims-human-trafficking-other-crimes/victims-criminal-activity-u-nonimmigrant-status/victims-criminal-activity-u-nonimmigrant-status for a list of qualifying crimes.

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Form I-918, Supplement B

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A Form I-918, Supplement B is used to identify the helpfulness of the victim. If a victim is cooperative with law enforcement during the investigation of the crime of which he or she was a victim, law enforcement will certify a Form I-918, Supplement B. Once Form I-918, Supplement B is certified it is valid for a six (6) month period, and during that six (6) month period, the victim is eligible to submit an application for a U-Visa.

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At Sethi Law Group, our team of experienced attorneys will help a U-Visa applicant with the entire process of the U-Visa application, starting with getting in contact with the appropriate law enforcement agency and obtaining certification of Form I-918, Supplement B. If you have been the victim of a crime and you believe you qualify for a U-Visa, please call us as soon as possible so we can assist you with your U-Visa application.

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VAWA – Violence Against Women’s Act Petition

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Congress passed the Violence Against Women Act (VAWA) in 1994. With the passing of the VAWA, Congress created a pathway to immigration status for qualifying, battered, non U.S. Citizens.In order to qualify for a VAWA, a Foreign National must be a battered, self-petitioning spouse, child, or parents of a U.S. Citizen or legal permanent resident. In addition, the self-petitioning spouse, child, or parent, must be able to demonstrate that he or she suffered battery or extreme cruelty at the hands of his or her U.S. Citizen or legal permanent resident abuser.

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Extreme cruelty can include, but is not limited to:

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  • Physical abuse;

  • Psychological / Emotional abuse; or,

  • Financial abuse.

 

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