We all know the rate of aggressive crimes in the United States is pretty high. The rate is even higher for crimes committed against women. U.S. Immigration laws have caught on to this fact and have provided specific protections for victims of crimes and abuse in the United States. These protections are available to both men and women living in the United States. In addition, the immigration status of the victim or the manner in which he or she entered the U.S. is irrelevant. In other words, persons who entered the U.S. with a visa but their authorized stay has expired can actually obtain a Green Card. Even those who came in through the border are eligible for this protection as well.
US Immigration laws provide protections to these people in the form of a visa and a way of obtaining a Green Card. Persons that have been victims of a crime in the U.S. can qualify for a visa, a work permit, and even a Green Card. Those who were victims of abuse from their US citizen or Green Card holder spouses are able to petition themselves and obtain a Green Card. In these cases, the abuser spouse is never even aware of the victim’s immigration process. The abuser spouse does not have to sign anything on behalf of the immigrant and does not appear at the interview.
The U visa is a visa available to persons who are victims of crimes who have
(1). Suffered substantial physical or mental abuse from the criminal activity;
(2) Have information regarding the criminal activity; and
(3) Assist or are willing to assist government officials in the investigation or prosecution of the criminal activity.
To qualify to apply under the U visa, the criminal does not need to be a U.S. citizen or Green Card holder. And you are not required to even be physically present in the US to qualify for a U visa. You can apply from abroad as long as the criminal activity violated US law and occurred inside the United States or its territories.
Later, the U visa holder may also apply for his or her Green Card if:
1. He or she has been physically present in the United States for 3 years from the time the U visa was granted, and
2. His or her continued presence in the US is supported to ensure family unity or for humanitarian reasons.
The U visa can also be granted to the spouse and minor children of a victim of a crime who is 21 or older on the date of the application Or to the spouse, unmarried siblings under 18, and the parents of a crime victim who is 20 years old or younger at the time of the U visa application. Also, the 3 year wait can be reduced by the USCIS if it receives information from law enforcement officials stating that they have no objection to the victim’s application for a Green Card.
In regards to victims of domestic abuse, the Violence Against Women Act protects both men and women who suffer from mental, emotional, or physical abuse from their US citizen or Green Card holder spouses. The Act allows the victim of the abuse to self-petition for the Green Card and obtain a work permit without the involvement of the spouse. Through the protection of the Act, the victim can petition him or herself along with his or her minor children without needing the spouse’s consent, signature, or cooperation. The abuser would not even find out that the victim obtained or is in the process of applying for a Green Card.
If you have suffered emotional, mental, or physical abuse from your spouse or have fallen victim to a crime in the United States, you should seek the assistance of an Immigration attorney immediately. Avoid the urge to think that staying quiet is your best self defense. These situations tend to only get worse. Remember that this protection can be obtained without the offender having any knowledge at all. These Immigration benefits are designed specifically for the victims of abuse and crimes. There are several options available to protect you and your family and you should not pass them up. Your family will thank you.
