While some prospective clients are already familiar with the T and U visa, more often than not, those who come to me are just hoping to learn more about their potential options.
When I take on a case involving a client who is seeking immigration relief and has been the victim of domestic violence and/or human trafficking, I always employ a very intensive screening process to determine whether they are eligible for the T visa, U visa, VAWA self-petition, or VAWA cancellation of removal. Part of this determination involves an evaluation of their criminal record.
The Victim’s Story
I ask every prospective client to tell me their story; if it amounts to what I believe is domestic violence or human trafficking, then they’ll have a good chance of obtaining immigration relief.
Often, it takes time for the client to tell me their complete story; gradually, perhaps over the course of several meetings, the full story will unfold. We may begin with a conversation about how they entered the United States, what happened to them before they entered the United States, and what their life has been like since entering the United States.
The purpose is to ultimately determine whether the client is indeed a victim of trafficking, and if so, the circumstances of the trafficking. It’s very important to understand that many victims don’t realize that they are a victim, or else deny that they are a victim. There is a stigma surrounding victimization, and not many people want to be labeled as a victim. For this reason, it’s not uncommon for victims to claim that they are not a victim, while simultaneously telling a story that demonstrates that they are.
Attorney Magdalena Cuprys is a seasoned immigration lawyer based in Orlando and Coral Gables, Florida. With three languages under her belt and years of legal experience working with immigrants of all kinds, she brings considerable experience and insight to the field and works hard to explain immigration concepts, empower future citizens, and keep current and prospective immigrants up to date on US immigration law.
Connect with her firm, Serving Immigrants, to stay updated on the latest developments in United States immigration law and gain valuable insights needed to navigate the challenging legal landscape of immigration in Florida.
Call Us Now To Get Your Case Reviewed (305) 924-1133
Gathering Information
When it comes time to apply for immigration relief, it is helpful although not necessary that the victim has a police report, medical records, or witnesses associated with the domestic violence and/or trafficking.
For each visa, a different set of documents will be needed. For instance, if a client is applying for VAWA self-petition, then they will have one set of documents, and if they are applying for VAWA cancellation of removal, then they will have a different set of documents. While some clients come to me without any documents, most can find at least one or two of the listed documents that I’ll request. The more information, the stronger the case.
My firm has staff that are trained to assist in these particular visa cases, such as by holding numerous interviews with clients in order to ascertain as much information as possible, and paint a clear picture of what the victim has been through and what they are currently facing. Understanding and laying out a holistic story for the client may be one of the most difficult steps in the process.
Rights and Protections During the Pendency of a Case
Once the client has filed a T visa, U visa, or VAWA self-petition, they will receive a form stating that they have an application in progress, and that form will usually be titled. As soon as the VAWA self-petition has been filed, the client can apply for a work permit. When filing a T visa, the client will have to wait until it has been approved to obtain a work permit.
Whether a client can obtain an order of protection from the abuser is a matter of state law, but in most cases, they can. That said, the client is not necessarily protected from being picked up by immigration services; in theory, United States Immigration and Customs Enforcement (ICE) can still pick up these victims, but in practice, they will defer sanction of these victims so long as they have proof that the victim has a pending petition.
For more information on Seeking Immigration Relief, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (305) 924-1133 today.
Attorney Magdalena Cuprys is a seasoned immigration lawyer based in Orlando and Coral Gables, Florida. With three languages under her belt and years of legal experience working with immigrants of all kinds, she brings considerable experience and insight to the field and works hard to explain immigration concepts, empower future citizens, and keep current and prospective immigrants up to date on US immigration law.
Connect with her firm, Serving Immigrants, to stay updated on the latest developments in United States immigration law and gain valuable insights needed to navigate the challenging legal landscape of immigration in Florida.
Call Us Now To Get Your Case Reviewed (305) 924-1133