Ellicott City VAWA and U Visa Attorneys

Not all immigration cases are neat and orderly. Sometimes, survivors of harrowing abuse or crimes turn to the immigration system seeking relief without the threat of removal. The United States offers certain protections to these immigrants, but it is not always clear whether or not an immigrant is eligible. If you are looking for protection from domestic violence or other crimes and want to apply for an immigrant visa, contact an Ellicott City, Maryland VAWA and U visa attorney today.

At Immigration Legal Advisors, PLLC, we have over a decade of experience handling complicated immigration cases involving sensitive subjects. You can rely on us to provide you with strong guidance and dedicated advocacy when you need it most.

Self-Petitioning for a Green Card as a Victim of Domestic Violence in Ellicott City, MD

The Violence Against Women Act (VAWA) allows certain immigrants who have been abused by a U.S. citizen or permanent resident family member to apply for a Green Card on their own. Without VAWA, many survivors would depend on their abuser to file a family petition, giving the abuser control over their immigration status. A self-petition removes that control, and the law protects survivors of any gender.

Spouses and former spouses of abusive U.S. citizens or permanent residents can self-petition, as can unmarried children under 21 and parents abused by an adult U.S. citizen son or daughter. The applicant must show that they resided with the abuser, that they have good moral character, and, in spouse cases, that they entered the marriage in good faith rather than just for immigration benefits.

Abuse under VAWA includes more than physical violence. Battery or extreme cruelty can include threats, isolation from family and friends, financial control, sexual abuse, and emotional manipulation. Evidence may include protective orders, police reports, medical records, photos, messages, and statements from friends, counselors, or shelter workers. The applicant files Form I-360 with USCIS, and the abuser is not notified or involved. An approved petition typically brings deferred action and work authorization, which protect the survivor from removal while the case moves forward.

We Represent Immigrants in Ellicott City

Who Can Apply for a U Visa in Ellicott City?

The U visa is a form of immigration protection for victims of certain crimes committed in the United States. Congress created the U visa to encourage immigrants to report crimes and work with law enforcement without fear of deportation. Qualifying crimes include domestic violence, sexual assault, stalking, human trafficking, kidnapping, felonious assault, extortion, and several others.

To qualify, an applicant must show that they suffered substantial physical or mental abuse from the crime, have information about it, and have been helpful, are helpful, or are likely to be helpful to law enforcement. The applicant must also obtain a certification from a qualifying agency, such as a police department, prosecutor's office, or judge, confirming their cooperation. Many grounds of inadmissibility, including some criminal and immigration violations, can be waived for U visa applicants.

Only 10,000 principal U visas are available each year, so many applicants wait years for a final decision. USCIS may grant work authorization and protection from removal to applicants with pending cases that appear legitimate. Certain family members, such as a spouse and children, can also receive derivative U visa status, which generally lasts up to four years.

The Path to Citizenship After Being Granted VAWA or U Visa Protections in Ellicott City

VAWA and U visa protections can both lead to permanent residency and, eventually, U.S. citizenship. For VAWA self-petitioners, approval of Form I-360 is the first step. Survivors abused by a U.S. citizen can usually apply for a Green Card right away, while those abused by a permanent resident may need to wait until a visa becomes available.

U visa holders follow a different timeline. After three years of continuous physical presence in U visa status, a U visa holder can apply for a Green Card if they have not unreasonably refused to assist law enforcement and their continued presence is justified on humanitarian grounds, to keep the family together, or in the public interest.

Once a survivor becomes a permanent resident, they can generally apply to naturalize after five years with a Green Card. Some survivors who were abused by a U.S. citizen spouse may qualify to apply after three years, even if they are no longer married. Applicants must also meet residence, good moral character, English, and civics requirements.

Meet With Our Ellicott City, Maryland U Visa and VAWA Lawyers

Leaving an abusive relationship or reporting a crime takes courage, and your immigration status should not keep you tied to someone who hurt you. At Immigration Legal Advisors, PLLC, we are here to inform you of your options and help you pursue the best path forward. Contact our Ellicott City, MD U visa and VAWA attorneys or call 571-441-2233 to arrange a consultation.