If you are a domestic violence survivor, knowing how to apply for a visa is important for your safety. The United States offers various protections for survivors that you may qualify for. These include the U visas under the Victims of Trafficking and Violence Protection Act (TVPA) or self-petitions under the Violence Against Women Act (VAWA).
These visas are provided by the US to help individuals escape dangerous situations. Immigration laws can be complicated, especially for people who are already dealing with so much trauma. For domestic violence survivors in Austin, consulting with a visa attorney is crucial. They know how different visa procedures work and provide advice.
Different visa options can affect your current and future immigration status, eligibility for public benefits, and the chance of applying for lawful permanent residency differently. An attorney from J. Sparks Law can help you understand all your options in layman’s terms. Meanwhile, read this blog to learn how to apply for a visa for domestic violence survivors.
What are the visa options for domestic violence survivors?
Survivors of domestic violence have two options that can provide them with safety in the US and other benefits.
U Visa
The U visa is for victims for specific crimes, such as such as domestic violence, sexual assault, and human trafficking. It is for people who have undergone physical and emotional trauma. However, the visa does not only provide victims with protection but allows them a chance to rebuild their lives.
There are certain eligibility requirements, such as:
- You must have a qualifying crime.
- You must be able to show that you have suffered from significant physical or mental harm due to the crime.
- You should be willing to help law enforcement investigators into investing and prosecuting the crime.
Securing this visa can be beneficial in the long run as it also opens doors to permanent residency.
VAWA Self Petition
The VAWA Self Petition is for survivors who have been victims of abuse by a U.S. citizen or lawful permanent resident family member. Survivors can file for immigration relief without their abuser cooperating with them. Therefore, one would not feel stressed and unsafe about asking for help.
To qualify for a VAWA Self Petition, one needs to meet the following criteria:
- One must have a qualifying relationship with the abuser, such as a spouse or child.
- The abuser must be a US citizen or permanent resident.
- One must be able to provide evidence of their abuse, such as photos, videos, etc.
- Unlike the U visa, VAWA applicants need to demonstrate good moral character.
Application process for each visa
U Visa application
Here are the steps to apply:
- Collect essential documents, including police reports (to prove the crime was reported), medical records of physical or psychological harm and statements from witnesses confirming the abuse or crime.
- Get the Form I-918, Supplement B, from a law enforcement officer with the signature of an authorized officer. This is to verify that you are cooperating with the law enforcement.
- Submit the form along with the certification and documents to the USCIS.
VAWA Self Petition process
Here are the steps to apply:
- Gather supporting evidence in documentation, such as relationship with the abuser, police reports, medical records, statements from witnesses and proof that you lived with them, such as lease agreements.
- Collect and fill the Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant).
- Submit the form along with the documents to the USCIS. The USCIS may requirest for additional information or proof. Make sure you respond promptly to them.
Are you a victim of abuse?
The US has provided options for domestic violence survivors. However, the path to use these options can be tricky. Many eligible applications get denied by the authorities because of procedural errors or incomplete information. Do not let that happen to you. Consult with a visa attorney today!
