Fairfax, VA VAWA and U Visas Lawyer

Immigration Attorney for Victims of Crime and Abuse in Fairfax

Immigrants in the United States may face a number of challenges. Those who have been affected by domestic violence or other crimes may be in difficult circumstances, especially if their legal status depends on an abusive spouse or if they are afraid to speak to the authorities for fear of deportation or other consequences. Fortunately, the immigration laws in the U.S. provide protections and relief for victims.

In situations involving domestic abuse or immigrants who have been affected by criminal activity, there are options that will allow a person to seek safety and independence while working to obtain a Green Card that will allow them to live in the U.S. permanently. At The Estevez Group, PC, our skilled lawyer provides compassionate assistance to immigrants in these difficult situations, making sure they can resolve immigration concerns while protecting their safety and well-being.

Protections Under the Violence Against Women Act (VAWA)

The Violence Against Women Act (VAWA) provides protections for survivors of domestic violence, allowing them to apply for immigration relief. This can be especially beneficial for those who would be concerned about their immigration status when their abusive family member is the person who had sponsored them for family-based immigration. These protections are available to both men and women who are spouses of citizens or Green Card holders, as well as children of citizens or permanent residents and parents of citizens.

To seek relief under VAWA, eligible immigrants can file a petition (Form I-360) with U.S. Citizenship and Immigration Services (USCIS) on their own behalf, without the need for a sponsor. The process involves the following:

• Demonstrating the Relationship: A petition must provide evidence of the qualifying relationship, such as a marriage certificate, birth certificate, or other documentation.
• Proving Abuse or Extreme Cruelty: Evidence of abuse will need to be provided, and it may include police reports, medical records, protective orders, or affidavits from friends or professionals who are familiar with the situation.
• Establishing Good Moral Character: Background checks or character references can demonstrate that an applicant meets this requirement.

Once the self-petition is approved, an immigrant may apply for a Green Card by filing Form I-485.

U Visas for Victims of Qualifying Crimes

The U visa provides immigration relief to victims of crime who have suffered physical harm or emotional abuse. The immigrant must be willing to provide assistance law enforcement as they investigate these crimes and prosecute the perpetrators. Eligible crimes include, but are not limited to:

• Sexual assault
• Human trafficking
• Kidnapping
• Stalking

To qualify for a U visa, an immigrant must:

• Prove Victimization: A person will need to provide evidence that they are a victim of a crime that qualifies for a U visa.
• Assist Law Enforcement: Police or other law enforcement officials must provide a certification confirming that the immigrant is cooperating with the case.
• Demonstrate Substantial Harm: Evidence of the physical or mental abuse suffered due to the crime must be provided.

After receiving a U visa and living within the United States for at least three years, an immigrant may apply for a Green Card, as long as they have continued to cooperate with law enforcement during that time.

Immigration Benefits for Victims

VAWA self-petitioners and U visa recipients have pathways to lawful permanent residency, which can provide them with a stable, secure future in the United States. Key benefits include:

• Work Authorization: Both VAWA and U visa applicants may apply for work authorization, which will allow them to maintain lawful employment in the U.S.
• Family Protection: U visa holders and VAWA self-petitioners can include certain family members in their petitions, allowing them to receive the same protections and eventually receive Green Cards. Spouses or children who are victims of abuse will be able to include their children in their petitions. For U visa holders, derivative visas may be available for spouses, children, parents, or siblings.

Contact Our Fairfax, Virginia U Visa and VAWA Self-Petition Attorney

Survivors of domestic violence and other crimes deserve legal protections, and they can take steps to ensure their safety and stability while they live in the United States. At The Estevez Group, PC, our lawyer can help immigrants in these situations determine their legal options and file the proper petitions to receive relief. Contact us by calling 703-829-5179 to arrange your free consultation.