The Law Office of Sharon Abaud

Spouses, parents, and children who are suffering abuse for a sponsoring family member are eligible for VAWA visas and eventual green card applications. Though the law specifically calls out women, men can apply for this visa as well. You must meet the following criteria to apply for a VAWA Visa The perpetrator of the abuse is a legal permanent U.S. citizen and is sponsoring your immigration. The sponsor is physically or emotionally abusive to their spouse, children, or parents If you are a spouse, you must have entered the marriage in good faith If you are divorced, you must show that abuse played a role in the separation You must be willing to work with law enforcement in their case against the abuser (some exceptions apply) You must be a person of “good moral character”

Yes. Perhaps the most important thing to know about U visas is that they are only available to crime victims who are deemed to have fully cooperated with law enforcement and other government agencies. Failure to cooperate is very likely to result in a U visa application being denied.

Yes. A U visa is valid for up to four years. Additionally, you may be eligible to renew the U visa for an additional four years. Beyond that, victims and their family members will also have the ability to apply for permanent residency in the United States (a green card) after holding a U visa in good standing for at least three years.

Yes. The immediate family members of a victim are often also eligible to obtain the same immigration benefits. If you have undocumented children and you obtained a U visa, your children should be granted the same temporary protection under the law.

Yes. Your immigration status will not prevent you from applying for a U visa. It does not matter how you entered the United States. The U visa is designed to provide much needed legal protection to undocumented immigrants and out-of-status immigrants who were the victim of a serious criminal act.

Immigration may grant no more than 10,000 U-Visas in any fiscal year. The limit does not apply to spouses, children, parents, and unmarried siblings who are accompanying or following to join the primary victim. If the cap is reached in any fiscal year before all petitions are approved, Immigration will create a waiting list. Applicants placed on the waiting list will be given deferred action (they will be eligible to apply for employment authorization and permitted to travel) until their petitions can be approved after the start of the following fiscal year.

U-Visa status cannot exceed 4 years. After 3 years an immigrant in U-Visa status can apply to become a lawfully permanent resident.

The U-Visa gives law enforcement agencies the ability to investigate and prosecute certain types of crimes while, at the same time, offering protection to cooperative victims so that they may aid in the investigation, apprehension and prosecution without fear of deportation.

The immigration process can be intimidating and take a long time, but hiring an immigration attorney to support you with your case can speed up the process and help you meet your goals.