Types of Relief for Victims of Violent Crimes
If a legal or illegal immigrant is in the U.S. and becomes a victim of violent crime, various U.S. laws exist to protect such victims. Reporting a violent crime to authorities will not render the legal or illegal immigrant removable from the U.S., as they may fear. Eligible legal/illegal immigrants who are victims of violent crime may either apply for a U Visa, T Visa, or self petition under the Violence Against Women Act (VAWA) for Legal Status in the U.S. Thus, legal or illegal immigrants who are victims of violent crimes are strongly encouraged to report the crime to the authorities, and not to fear doing so.
The U-Visa
Legal/illegal immigrants who are victims of violent crimes may apply for a U-Visa if they are a victim of certain qualify criminal activity, which resulted in the suffering of substantial mental/physical abuse, and they must have reliable and credible evidence regarding the criminal activity. Further, the applicant for a U-Visa must assist/help in the investigation or persecution of the criminal activity.
Additionally, the criminal activity must have violated U.S. law. Victims of rape, murder, torture, kidnapping, blackmail, domestic abuse, false imprisonment, abusive sexual conduct, abduction or prostitution, may be eligible to apply for a U-Visa. Victims of certain other crimes may also qualify for a U-Visa. See Immigration Options for Victims of Crimes Brochure at www.uscis.gov.
The T-Visa
The T-Visa is available for victims of human trafficking. Victims of trafficking are usually lured by the trafficker by false promises of prosperity and stability in the U.S. Rather, the victim is subject to poor and inhumane conditions. Victims of human trafficking, who suffered severe forms of trafficking may be eligible for a T-Visa if they aid law enforcement authorities in the investigation of and prosecution of trafficking cases. See Immigration Options for Victims of Crimes Brochure at www.uscis.gov.
VAWA Petitioner
A spouse, former spouse, child or parent of a U.S. Citizen or permanent resident, who has been victimized by domestic violence at the hands of their U.S. Citizen or permanent resident spouse, may be eligible for relief under the VAWA. Individuals, who qualify under the VAWA, may self petition for permanent residence without the U.S. Citizen or Permanent Resident spouse. VAWA benefits apply whether the victim is male or female. .See Immigration Options for Victims of Crimes Brochure at www.uscis.gov.
If you have been a victim of violent crime and are a legal/illegal immigrant in the U.S., please contact our office, to see if these forms of relief are available to you.
