Victims of Crime or Abuse
The U.S. provides special immigration protections to help victims of domestic violence, serious crimes, and human trafficking gain legal status and rebuild their lives.
VAWA - Violence Against Women Act
VAWA allows victims of abuse by a U.S. citizen or lawful permanent resident (LPR) spouse, parent, or child to apply for a green card independently, without the abuser’s knowledge or involvement. This program provides protection and a path to lawful permanent residency for survivors, regardless of gender.
By filing a VAWA self-petition, victims can seek safety, remain in the U.S., and work toward a stable future. Once approved, VAWA petitioners may apply for work authorization and later adjust their status to become lawful permanent residents.
Who can apply for VAWA?
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Spouses – If you are or were married to a U.S. citizen or LPR and experienced abuse.
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Children – If you are under 21 and were abused by a U.S. citizen or LPR parent.
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Parents – If you were abused by a U.S. citizen child over the age of 21.
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Men and women are eligible to apply if they are victims of domestic violence by a U.S. citizen or LPR spouse.
Key Benefits
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Apply without notifying the abuser.
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Work Authorization – VAWA applicants can receive employment authorization, allowing them to work legally in the U.S.
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Path to Residency – Once Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant) is approved, applicants can file Form I-485 to adjust their status to permanent resident (green card holder).
Do I have to stay married to apply for VAWA?
No. You can apply even if the marriage ended through divorce or death, as long as the abuse occurred during the marriage.
Timeline?
The process typically takes between 16 to 24 months from filing to receiving a decision. However, the exact timeline can vary depending on case complexity and USCIS processing times.
Victims of Criminal Activity (U - Visa)
U Visa is a nonimmigrant visa that provides protection to victims of certain crimes who have suffered mental or physical abuse and are willing to assist law enforcement in the investigation or prosecution of criminal activity. This visa was created to encourage undocumented individuals to report crimes without fear of deportation. Once U visa application is approved, it is valid for up to four (4) years. During this time, you can legally live and work in the United States. After three (3) years, most U visa holders can apply for their green card and obtain legal permanent residency.
Who Qualifies?
To qualify for a U Visa, applicants must meet six (6) requirements:
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Victim of a Crime – applicant must have been a victim of a crime that qualifies for the U Visa program (such as assault, domestic violence, or trafficking).
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Physical / Mental Harm – victim must have suffered serious physical, emotional, or mental harm as a result.
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Helpful to Law Enforcement – applicant must have information about the crime and be willing to share it with law enforcement.
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Crime Occurred in the U.S. – crime must have happened in the U.S. or violated U.S. laws.
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Cooperation – victim must assist law enforcement during the investigation or prosecution of the crime.
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Admissibility – applicant must be legally eligible to stay in the U.S. If they are not, they can apply for a waiver to become eligible.
Key Benefits
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U- visa grants temporary legal status in the U.S. for up to four (4) years.
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Approved applicants receive a work permit (EAD).
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After three (3) years of maintaining U Visa status, recipients can apply for a green card.
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Certain family members (spouse, children, parents, and unmarried siblings) may also qualify for a U Visa as derivative applicants.
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Victims are shielded from removal while their application is pending.
How long does it take?
U-visa process can be lengthy due to high demand and annual limits (10,000 principal visas per year). The estimated timeline is:
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Filing and Receipt Notice – 2 to 3 months after submission.
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Waitlist and Bona Fide Determination (if applicable) – 12 to 24 months. Applicants may receive deferred action (protection from deportation) while waiting for final approval.
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Final Approval – 5 to 7 years (varies based on USCIS backlog).
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Work Permit is issued after bona fide determination or U Visa approval.
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After three (3) years in U Visa status, applicants can apply for permanent residency (adjustment of status).
What happens if my U Visa is waitlisted?
Applicants placed on the waitlist receive deferred action or parole, allowing them to stay and work in the U.S. until a visa becomes available.
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