Immigration

In general, a noncitizen who is being abused may have a couple of options with respect to immigration. Some victims of domestic violence may qualify for a VAWA self-petition or for a U-Visa. A VAWA self-petition is a way for victims of domestic violence to have a way to get lawful immigration status without having to rely on their abuser. To qualify for a VAWA self-petition, a person must be married to their abuser, have experienced abuse, and must show they have “good moral character”. The abuser must also be a US citizen or a lawful permanent resident. We have information about all these eligibility requirements on our website.

A U-Visa can provide lawful immigration status to victims of crime, including domestic violence victims, who assist law enforcement. This may be possible even if the abuser is not a citizen or permanent resident. To qualify for a U-Visa, a person must have a certification from law enforcement stating that they have assisted or will assist law enforcement, as well as meet some other requirements.

Immigration processes can be very complex, so it is often very important that a person have an attorney that specializes in immigration, and specifically in VAWA or U-Visas, if that is a route they decide to pursue. We have information on our website about lawyers in your state some of whom may be free or low cost if you qualify. We also have information on national organizations that do immigration work.