VICTIMS of domestic violence or certain crimes are granted immigration benefits so they can remain in the United States to reside and work here.
The Violence Against Women Act (VAWA) of 1994 was enacted by Congress to allow immigrant victims of domestic violence to file a self-petition to become lawful permanent residents (LPR) without having to rely on their abusers who are either their spouse or relatives. In 2000, Congress created two (2) other visas – for immigrant victims of violent crime (“U” visas) and victims of sexual assault or trafficking (“T” visas) – under The Battered Immigrant Women Protection Act of 2000. In 2005, the protections were expanded to include victims of elder abuse. In 2013, Congress extended the VAWA provisions which expired in 2011 and, at the same time, (1) added “stalking” as a qualifying criminal activity under the U visa; (2) extended VAWA coverage to children of deceased self-petitioning parents; (3) prevented the “aging-out” of children who are included in their parents’ U visa petitions but who turned 21 before their parents’ petitions have been adjudicated; and (4) extended protections to same sex partners who are victims of domestic violence.
VAWA “Self-Petition”. Under VAWA, victims of domestic violence, child abuse, or elder abuse may “self-petition” for lawful permanent resident status without the participation of the abusive spouse, parent, or adult child. The victim – man or woman – can immediately leave his/her abuser, and file a self-petition to get lawful permanent resident (LPR) status. Would-be immigrants who are eligible include (1) Spouses and former spouses of abusive U.S. citizens or LPRs; (2) An immigrant parent of an abused immigrant child, even if the immigrant parent is not herself abused; and (3) Non-citizen spouses whose children are abused by the child’s other U.S. citizen or lawful permanent resident parent.
The “U” Visa. The U Visa provides temporary immigration benefits – permission to live and work in the United States, and relief in deportation proceedings – for certain victims of qualifying criminal activity who: (1) have suffered substantial mental or physical abuse as a result of having been a victim of “qualifying criminal activity;” (2) possess credible and reliable information establishing that s/he has knowledge of the details concerning the qualifying criminal activity upon which his/her petition is based; and (3) have been helpful, is being helpful, or is likely to be helpful to a certifying agency in the investigation or prosecution of the qualifying criminal activity; and (4) the qualifying criminal activity occurred in the United States, in United States territories or possessions, or violated a federal law that provides for extraterritorial jurisdiction.
Qualifying criminal activity includes one or more of the following, or any other similar activities in violation of federal, state, or local criminal laws: abduction; blackmail; domestic violence; extortion; false imprisonment; felonious assault; female genital mutilation; being held as a hostage; incest; involuntary servitude; kidnapping; manslaughter; murder; obstruction of justice; peonage; perjury; prostitution; rape; sexual assault; (abusive) sexual contact; sexual exploitation; slave trade; stalking; torture; trafficking; unlawful criminal restraint; witness tampering; or attempt, conspiracy, or solicitation to commit any of these crimes.
The “T” Visa. The T Visa is also a relief from deportation for foreign nationals who are victims of “severe trafficking” defined as (1) sex trafficking in which a commercial sex act is induced by fraud, force, coercion, or in which the victim is younger than 18 years of age, or (2) the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through use of force, fraud, or coercion for the purpose of subjection to involuntary servitude or slavery. To be eligible, (i) you must be physically present in the United States; (ii) assist in the investigation or prosecution of such trafficking or in the investigation of crimes where acts of trafficking are at least one central reason for the crime; or you are unable to cooperate in the investigation or prosecution due to a physical or psychological trauma; or you are under 18; and (iii) you will “suffer extreme hardship” involving unusual and severe harm upon removal.
Benefits. A VAWA, T or U visa beneficiary is eligible for employment authorization and may further be eligible to adjust status to that of a Lawful Permanent Resident, upon meeting certain criteria and requirements. Other non-immigration benefits include housing assistance, food stamps, and job training.
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Atty. Aurora Vega-Buzon is a partner in Chua Tinsay & Vega, A Professional Legal Corporation (CTV) – a full service law firm with offices in San Francisco, San Diego and Philippines. The information presented in this article is for general information only and is not, nor intended to be, formal legal advice nor the formation of an attorney-client relationship. Call or e-mail CTV for an in-person or phone consultation to discuss your particular situation and/or how their services may be retained at (619) 955-6277; (415) 495-8088; [email protected]
