Visas for Victims of Crimes or Domestic Violence
There is extensive evidence that must be gathered in support of these forms of relief. Salt Lake City victim visa attorney Gloria Cardenas and her team are experienced and caring individuals and will personally guide you through this application process mindful that you are a victim and may need special attention and patience. We welcome you. Battered Spouses / Children of US Citizens or US Permanent Residents.
VAWA: In 1994, Congress passed a law referred to as “VAWA,” which stands for the Violence Against Women Act, creating special routes to immigration status for certain battered noncitizens. Among the basic requirements for eligibility, a battered noncitizen must be the spouse or child of an abusive US citizen or permanent residency without the involvement of the abuser. Battered spouses or children of US citizens or permanent residents who are the subdent.
Salt Lake City Derivative Beneficiaries
A derivative is another person (usually a family member) who may also receive lawful status through the principal applicant’s status. Since the family member’s status is “derived” from the principal applicant’s status, the family member is known as a “derivative” under immigration law. Although U visa derivatives do not have to meet all of the eligibility requirements for principal U visa applicants, they do have to show they are admissible or they have to file a waiver if they are inadmissible.
Salt Lake Cityindirect Victims
Immigrants with no legal status who have been indirectly victimized by the crime against a family member (including a US citizen child unmarried and under 21 years old, may be eligible to apply for a U Visa if he/she can show all of the requirements set forth above. Parents of US citizen children who have been victims of sexual molestation, rape, or sexual abuse make up a large majority of indirect victims U Visas. The police agency executes the certification in the name of the parent when the parent can demonstrate that he/she was a victim of a serious crime against their child and that they were cooperative in the investigation and/or prosecution.
Victims of crimes often times do not wish to ask the police agency for the executed U Visa Certification. Salt Lake City victim visa attorney Gloria Cardenas may be retained to assist you with this request, and after it is approved, with the U Visa application.
Applying for a U Visa in Salt Lake City
U visa status (also known as U nonimmigrant status) was created by VAWA. It is designed to provide lawful status to noncitizen crime victims who have assisted, are assisting, or are willing to assist the authorities in investigating or prosecuting crimes that were committed against them. The main purpose of the U visa is to encourage undocumented crime victims to help law enforcement investigate and prosecute crimes without fear of being deported.
The U visa status may be available to victims of domestic violence crimes, stalking, sexual assault or victims of certain other crimes which can be crimes that have nothing to do with domestic abuse including aggravated assault, robbery, bribing a witness, and labor and wage violations that are substantiated by the labor department in your particular state. There is no statute of limitations (deadline) to apply for a U Visa even after many years since the crime occurred.
When it comes time to apply for a U Visa, it important to have an experienced Salt Lake City victim visa attorney on your side to protect your rights and best interests. If you are a noncitizen victim of crime, you must meet ALL of these requirements: you have been certified by law enforcement or another certifying agency that you “have been helpful, are helpful, or are likely to be helpful in the investigation or prosecution” of one of the categories of crimes listed in the U visa statute; you can show that you suffered substantial physical or mental abuse; and the criminal activity violated U.S. law; or occurred in the U.S.
U visa applicants also must show that they are “admissible” or that they qualify for a waiver of inadmissibility if they are not. If the U visa applicant has a criminal record, or has committed fraud or misrepresentation in seeking to obtain or obtaining an immigration benefit, or has other grounds of inadmissibility, a waiver will be filed with the U visa application.