Although the United States has immigration laws that are getting progressively tougher, public policy does provide a degree of protection for victims of crime. You may have been a crime victim here in the United States, but you are afraid to come forward because of your immigration status. You may be in the country for the sole reason that you have been the victim of the crime of human trafficking. Returning to your home country can mean serious bodily harm or persecution.
Accordingly, there are certain categories of visas that can aid victims of crime and allow them the right to remain in the United States for a certain amount of time. You will need to meet the required criteria for each of the programs. An experienced immigration lawyer can help determine your eligibility for these types of relief, and they can draft your paperwork. You do not have to go through this process alone when you are already dealing with so much.
U Visas
A U visa is a special type of nonimmigrant visa available to victims of certain crimes who have suffered substantial mental or physical abuse and are willing to assist law enforcement or government officials in investigating or prosecuting the criminal activity. Created under the Victims of Trafficking and Violence Protection Act of 2000, the U visa offers protection to undocumented immigrants who might otherwise fear coming forward. Qualifying crimes include domestic violence, sexual assault, human trafficking, and other serious offenses.
The U visa not only provides lawful status for up to four years but also opens the door to work authorization and, eventually, a path to lawful permanent residency (a green card). Applicants must submit evidence of the qualifying crime, demonstrate their helpfulness to authorities, and obtain a certification from a law enforcement agency. The U visa plays a vital role in protecting vulnerable individuals and encouraging cooperation in criminal investigations.
T Visas
A T visa is a type of nonimmigrant visa specifically designed for victims of human trafficking. It allows individuals who have been subjected to severe forms of trafficking—either for labor or commercial sex—to remain in the United States and assist law enforcement in investigating or prosecuting human trafficking cases. To qualify, applicants must demonstrate that they are a victim of trafficking, are physically present in the U.S. on account of trafficking, and would suffer extreme hardship if removed. They must also be willing to cooperate with law enforcement unless they are under 18 or unable to cooperate due to trauma.
The T visa grants legal status for up to four years, allows for work authorization, and offers a path to permanent residency after three years or upon completion of the investigation or prosecution. It also allows certain family members to apply for derivative T visas. The T visa is a critical protection for trafficking survivors.
Self-Petitions Under the Violence Against Women Act
Under the Violence Against Women Act (VAWA), certain individuals can file a self-petition for lawful immigration status without the knowledge or involvement of their abusive U.S. citizen or lawful permanent resident relative. This provision is designed to protect victims of domestic violence, including spouses, children, and parents, who have suffered abuse or extreme cruelty. A successful VAWA self-petition allows the victim to apply for work authorization and may eventually lead to a green card.
To qualify, the petitioner must show that they had a qualifying relationship with the abuser, lived with them, were of good moral character, and experienced battery or extreme cruelty. VAWA is gender-neutral, meaning men and women alike may be eligible. This self-petition process empowers survivors to seek safety and independence without jeopardizing their immigration status, providing a vital path to protection for individuals trapped in abusive situations with controlling or threatening family members.
Requests for Asylum Under Immigration Law
Asylum is a form of protection under U.S. immigration law granted to individuals who have fled their home countries due to persecution or a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. Persecution in your home country may be related to your status as the victim of a crime. To apply for asylum under immigration law, individuals must be physically present in the United States or seeking entry at a port of entry.
Asylum seekers must file Form I-589 within one year of arriving in the U.S., although exceptions to the deadline exist in certain circumstances. If granted asylum, individuals gain protection from removal, can work legally in the U.S., and may eventually apply for lawful permanent residency. Asylum claims can be made affirmatively with USCIS or defensively during removal proceedings. Given the complex legal standards and high burden of proof, working with an experienced immigration attorney can significantly improve an applicant’s chances of success in obtaining your asylum protection.
How an Immigration Lawyer Can Help You as a Crime Victim
An immigration attorney can be a vital advocate for crime victims seeking safety and legal status in the United States. Victims of serious crimes, such as domestic violence, sexual assault, trafficking, or other violent offenses, may qualify for immigration relief through programs like the U visa, T visa, or self-petitions under the Violence Against Women Act.
An experienced immigration attorney can assess your eligibility, gather the necessary documentation, and guide you through each step of the application process. They also work closely with law enforcement to help secure the required certifications for U or T visa cases. In addition, an attorney can protect your rights during any legal proceedings and ensure that you’re not subject to removal while your application is pending.
Contact a Trusted Immigration Attorney
With the right lawyer, victims can gain work authorization, access to services, and a path to permanent residency. An immigration attorney's help can provide both protection and peace of mind. You are already going through a difficult enough time without having to deal with the uncertainties of the immigration process. Get relief, call today.