There are several types of immigration relief available to victims of domestic violence or human trafficking, as follows:
T Visas
The T visa is an underutilized option for victims of human trafficking. There are 5,000 T visas available every year, but according to the statistics provided by United States Citizenship and Immigration Services (USCIS) and the Department of Homeland Security, there has not yet been a year where 4,000 or 5,000 victims have applied for a T visa. Statistically, only 500 to 600 T visas are given out each year—not because there aren’t more available, but because so few people are applying.
It should be noted that eligibility for a T visa does not depend on how the individual entered the United States; it depends only on whether the petitioner is a victim of human or labor trafficking in the United States, and is a person of good moral character who will suffer extreme hardship if they are not granted a T visa.
The T visa covers a wide range of victims, including individuals who were illegally trafficked into the United States and abused by their peers upon entry, or individuals who entered the United States illegally but were victims of labor trafficking. For example, they may have been working for a company that failed to pay them correct wages or overtime, forced them to work more than 40 hours per week, or otherwise treated them differently based on the fact that they were undocumented.
Once a T visa is approved, the individual will obtain employment authorization for four years, which can be renewed one more time, for an additional four years of employment authorization. An individual who has had a T visa for as little as one year can apply for a green card, which would allow them to remain in the United States indefinitely. Once a green card has been obtained, the individual will have to wait five years before applying for citizenship.
U Visas
The U visa is available to victims of specific crimes, including domestic violence. Similar to the T visa, a U visa allows for employment authorization for four years, which can be renewed once more for an additional four years of employment authorization. An individual who has had a U visa for three years can apply for a green card. Once a green card has been obtained, the individual will have to wait five years before applying for citizenship.
The U visa is the most stringent of the crime victim visas, as it not only requires a police report, but certification from a prosecuting agency that the victim participated and helped the prosecuting agency in the prosecution of the perpetrator. There are 10,000 U visas available each year, and a backlog of five to eight years.
VAWA Self-Petition
The VAWA self-petition is for spouses of United States citizens or lawful permanent residents, parents of United States citizens or lawful permanent residents, and children under 25 years of age of United States citizens or lawful permanent residents who are victims of domestic violence or extreme cruelty. It’s very important to note that this ‘extreme cruelty’ requirement does not actually require that a crime be committed per se; extreme cruelty could be something like continued threats [22:06] with immigration, without physical battery.
When a VAWA self-petition is based on a marriage, it must be filed when the parties are still married, or within two years of divorce.
Once a VAWA self-petition is approved, the individual can apply for a green card. In most cases, my law firm applies for a VAWA petition and a green card at the same time, because this allows for almost immediate employment authorization.
If an individual is not eligible for a green card, for example due to a disqualifying criminal record, then they would pursue only a VAWA self-petition approval (and not a green card), and would need to seek a renewal of the VAWA self-petition for additional years via deferred action status.
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.
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Generally speaking, those whose VAWA petitions are approved will receive a green card, which will allow them to stay in the United Statesindefinitely.
If an individual has obtained relief through a VAWA petition based on a marriage to a lawful permanent resident of the United States and obtains a green card based upon that VAWA approval, then they can apply for citizenship after five years.
If an individual has obtained relief through a VAWA petition based on a marriage to a United States citizen and obtains a green card based upon that VAWA approval, then they can apply for citizenship after just three years.
VAWA Cancellation of Removal
VAWA cancellation of removal is not a visa but an application that one would submit if they are already in deportation or removal proceedings and want to obtain a green card. Unlike the VAWA self-petition, VAWA cancellation of removal can be filed even if more than two years have passed since the divorce between the immigrant and United States lawful permanent resident or citizen.
Asylum
Asylum is an option for victims of crimes, but I only use this in situations where the crime victim doesn’t qualify for any of the above-mentioned options.
Certification Requirements
Under the Trafficking Victims Protection Act, there are no certification requirements for the VAWA self-petition or VAWA cancellation of removal; to apply for either, all that is required is evidence that the immigrant is or was married to a United States lawful permanent resident or citizen, is a person of good moral character, and is a victim of domestic abuse or extreme cruelty.
For a T visa, the only requirement for certification is that certification is requested; there is no requirement to actually obtain certification. To accomplish this, the report of trafficking will need to be filed with the agency that has jurisdiction over the type of trafficking that occurred, and a request for certification must be made. In most cases, the agency will not even respond.
Certification carries weight and might make for a stronger, expedited case, but it’s absolutely not required in order to apply for a T visa or VAWA self-petition.
The only visa that requires certification and a police report is the U visa. The victim must request that the agency that filed or initiated the police report certify that the police report has been filed, and that the victim has cooperated with the authorities towards prosecution of the perpetrator. There is no guarantee that law enforcement will offer the endorsement that a victim will need in order to be certified for a U visa. Only once certification is obtained can the victim apply for a U visa.
Family Members
Multiple family members can be included in one victim visa, whether it is a VAWA self-petition or T visa. For a VAWA self-petition, a victim can apply as a spouse or a child of a United States citizen or lawful permanent resident. If the victim is a spouse and has children, they can apply on behalf of any of their children as long as they are under age 25. For a T visa, anyone can apply—there is no age requirement. In fact, a lot of minors who have been trafficked into the United States are eligible for a T visa. In addition, children who qualify for a T visa can apply for their parents and minor step-siblings. T visas are allowed for relatives of victims, and adult victims can apply for their children.
For more information on Understanding Forms of 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