VAWA Statute For Immigration Status
If I’m A Victim Of Abuse, What Protections Are Available For Me Under VAWA? What Does VAWA Stand For?
VAWA stands for Violence Against Women Act. However, it does not only apply to women. The act applies to everybody. VAWA gives immigrants and non-immigrants immigration options to regularize their status in the United States without having to depend on an abusive spouse, child, or parent that has status in the United States.
What Is The VAWA Self-Petition? Who Is Eligible For Self-Petition?
VAWA Self-Petition is basically a petition that an individual can file if they are victims of domestic violence. The abuser can be a spouse, parent, or child who is a lawful permanent resident or US citizen. If the self-petition is ultimately approved after it is filed, the person who filed it gains a lawful immigration status in the United States. Any person who is a victim of domestic violence at the hands of either a spouse, child, or parent who has legal status in the United States is eligible to file a VAWA Self-Petition.
Can I File For A VAWA Self-Petition If I’m In Another Country?
If you are in another country, you can still file for a VAWA Self-Petition. It doesn’t matter where you are. You can be in or outside of the United States as long as you meet the eligibility requirements. To be eligible, you must be a victim of domestic violence, the abuser has to be a parent, spouse, or child, and the abuser must be a lawful permanent resident in the United States or a US citizen.
If My Self-Petition Is Approved, When Can I Apply For Legal Permanent Residence?
If your self-petition is approved, you can immediately apply for legal permanent resident status.
What Is A Battered Spouse Or Child Waiver? How Does That Work?
A battered spouse or child is a waiver for people who have already obtained a lawful permanent resident status through a parent or child, and who hold a temporary green card that is valid for two years. After two years, they have to file a petition to waive the temporary nature of the green card to obtain a permanent lawful resident status. Generally, the petitioner is required to cosign that petition with the intending immigrant. However, if there is abuse, the battered spouse or child is not required to co-sign that petition with the abuser.
What Is The VAWA Cancellation Of Removal?
A VAWA cancellation of removal is very similar to a VAWA Self-Petition. But, there are a few differences. The main difference is that a VAWA Cancellation of Removal is done before an immigration judge, as opposed to a VAWA Self-Petition, which is applied for affirmatively before USCIS. For an individual to qualify for a VAWA Cancellation of Removal, they have to prove that they are either the spouse, parent, or child of a lawful permanent resident or US citizen, and subject to domestic violence or extreme cruelty at the hands of the petitioner or a qualifying relative.
As mentioned, the VAWA Cancellation of Removal is done before an immigration judge in removal proceedings. The self-petition is a form that’s filed with the Vermont Service Center.If someone is placed in deportation proceedings, and they have been subject to domestic violence or extreme cruelty, they could still apply for a VAWA Cancellation of Removal before an immigration judge.
If My Battered Spouse Or Child Waiver Is Approved, What Is Their Immigration Status?
If your battered spouse or child waiver is approved, you will obtain permanent resident status.
What Is The U Visa Status?
The U Visa is a visa for victims of qualifying criminal activity who report that criminal activity to the authorities, whether it’s the police or the state attorney’s office. They are victims who are willing and able to assist the police or prosecuting agency with the criminal activity. It is a visa that is granted if someone is a victim of a crime. It’s a visa that could be obtained for someone to obtain legal status in the United States. That legal status is given for three years after which an individual can apply for a green card or permanent legal status.
How Long Is The U Visa Status Good For? How Long Does It Last?
The U Visa is good for three years. It could be extended for another three years after the initial three.
How Long Does It Generally Take To Get Approved For A U Visa?
There are only 10,000 U Visas given out every year in the United States. To get approved, it takes several years. However, there is a provision that states that if it looks like you will be approved, you will obtain a Temporary Approval Letter. A Temporary Approval Letter says that you are approved or will be approved, and that you are in line waiting for your number. To get a U Visa, it takes between six and eight years. But, to get the Temporary Approval Status letter takes about a year.
What Happens If Immigration Denies My U Visa Application, What Can I Do?
If immigration denies your U Visa application, you can appeal or resubmit the application with additional information. If you don’t appeal or resubmit, it’s possible that you will be placed in deportation proceedings.
Can I Apply For A U Visa Status From Another Country?
You can apply for a U Visa status from another country as long as you’re a victim of criminal activity in the United States and reported that criminal activity in the United States. The police department or state attorney’s office then certifies that you are willing and able in the present or future to assist in the prosecution of the crime.
If My US Citizen Child Is A Victim Of A Crime, Can I, An Undocumented Parent, Qualify For A U Visa?
Theoretically, you can qualify for a U Visa as an undocumented parent of a child who is a US citizen and victim of a crime.It becomes complicated in those situations, but as long as the child is willing and able to assist in the prosecution of the crime, then you could qualify as the parent of a victim.
Can I Apply For A U Visa Status If I’m Currently In Removal Proceedings Already?
You can apply for a U Visa even if you are currently in removal proceedings. You cannot apply for a U Visa to the immigration judge. But, you can apply for a U Visa if you’re otherwise eligible and get the certification. After ward, you would advise the immigration judge that you applied for a U Visa, and also request the judge for a continuance of your deportation proceeding.
Can I Get A Work Permit If My U Visa Status Application Is Approved?
You can get a work permit if your U Visa status application is approved. You can even get a work permit before your U Visa is approved once you get the status letter stating that it will be approved and waiting for your number.
Can I Obtain U Visa Status Even If The Abuser Is Undocumented? What If We Were Not Married?
U Visa status is for victims of qualifying criminal activity, which means that you have been a victim of a crime that was reported to the police. It does not require for the abuser to be, in any shape or form, related to you or have legal status. You may not even know who the criminal is. For example, if you’re a victim of a drive by shooting, it is reported to the police, and you tell them what you know but don’t necessarily know who the shooter was, you’re eligible for a U Visa. But, you are eligible as long as you’re willing to assist the police in the apprehension and prosecution of the shooter. U Visa is not just for victims of domestic violence.
If I’ve Been A Victim Of Domestic Violence, Do I Apply For The VAWA Or Do I Apply For A U Visa?
If you are a victim of domestic violence, it depends on whether you are legally married to the abuser or not, whether the abuser has status, and whether or not you reported the crime to the police. If you are legally married to the abuser, and the abuser is a US citizen, you would apply for VAWA. If the abuser is not a US citizen, but you are legally married, you would apply for a U Visa. If the abuser is a US citizen, but you’re not legally married, then you’re not eligible for VAWA.In that case, you’d have to apply for a U Visa. Now, if you’re not legally married, and the abuser does not have status, then you cannot apply for a VAWA. You can only apply for a U Visa.
Now, for a U Visa, you have to report the crime to the police in order to be eligible. The police have to sign a Supplement B, which is a certification certifying that you’ve been a victim of domestic violence or any other criminal activity, you’ve reported the crime to the police, and are willing and able to assist the police in the past, present, or future. For VAWA, there is no police report requirement, and the violence that a victim endures at the hands of a US citizen spouse, parent, or child does not even have to be physical violence.
For instance, if a lawful spouse is a permanent resident, and they refused to apply for your legal paperwork in the country because they don’t want you to drive, be able to work, they call you names, and get upset whenever you don’t do what they say, but they never hit you physically, you’re eligible for a VAWA. You could get legal status in the United States. But, you are not eligible for a U Visa because the abuser did not actually commit a crime that could be reported to the police.
How Can My Family Members Benefit From My U Visa Status?
If a person is a victim and eligible for a U Visa, they can sponsor their spouse and minor children. Therefore, a victim’s spouse and minor children could also get a U Visa status.
What Is Trafficking And How Does This Relate To the T Visas?
A T Visa is a visa for victims of human trafficking. Trafficking is generally the moving of persons from one place to another for purposes of either sex trafficking or labor trafficking. The T Visa exists to help victims of sex trafficking or labor trafficking. Sex trafficking is moving a person for purposes of offering their services for sex in exchange for money.
Labor trafficking is much more complicated. It involves moving people from one place to another for labor purposes, and the labor doesn’t necessarily comply with the laws of the United States. The victim usually works for free. However, there are instances in which the victim doesn’t get adequate compensation for the work they are doing, or they work excessive hours and do not get paid overtime or given breaks. Basically, when an employer or trafficker moves individuals for labor and some component of the law is being broken, abuse is a factor, and that’s trafficking.
Will I Be Able To Work Legally On A T Visa?
Once somebody receives a T Visa, they can work legally. A T Visa imparts employment authorization by giving the individual a lawful status to remain in the United States.
Will I Be Deported If My T Visa Application Is Denied?
If your T Visa application is denied, and you don’t resubmit it or appeal it, you will most likely be placed in removal proceedings. Whether or not you’ll be deported will depend on what you present at the removal proceedings. Just because you apply for a T Visa and it gets denied, that doesn’t automatically mean that you’ll be deported. If your T Visa is denied, the government will send you a Notice to Appear, which orders you to appear before an immigration judge. At that point, you can present your defenses that you’re eligible for, if any. To sum up, you’ll be placed in removal proceedings, but then, you will have an opportunity to present your case before an immigration judge.
What About My Family? Can They Also Get T Visa Status Along With Mine?
Your spouse and children, and in some cases, your parents can also obtain T Visa status.
How Long Does My T Visa Status Last? What Happens When It Expires?
A T Visa status lasts for three years. After having it for one year, an individual can apply for a lawful permanent resident status, or they can request to extend their T Visa status.
I Have A T Visa Status. Can I Work Legally In The United States?
If you have a T Visa status, you can work legally in the United States.
Do I Need An Attorney To Apply For A T Visa Or Can I Just Do The Forms Online?
Technically, you don’t need an attorney to apply for a T Visa. You can do the forms online. However, as an attorney, I would argue that unless you are very skilled at what you’re doing, it’s highly recommended that you have a competent immigration attorney with experience in the type of relief that you are applying for. That goes for any type of visa that you’re applying for.
In theory, some visas are easier to apply for. For instance, if you entered with a visa and married a United States citizen, it’s definitely a lot easier to obtain legal status that way than to seek legal status through a T Visa.
For more information on Immigration, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (305) 907-6151 today.