Understanding Your Rights If You Are A Victim Of Domestic Violence, Human Trafficking Or Other Crimes
The United States has special visa provisions for victims of several types of crime, including domestic violence and human trafficking. The Tucson application process can be confusing and daunting. The Arizona attorneys at Ayala Law Office, P.C., understand the details and requirements and champion the rights of our clients at every stage in the immigration visa process.
How Domestic Violence Victims Can Get A Green Card
The Violence Against Women Act (VAWA) was created to fund investigation and prosecution of violent crimes against women. Under the act, the U.S. Citizenship and Immigration Services (USCIS) says you could possibly become a lawful permanent resident of the United States if you are proven to be a victim of battery or excessive cruelty committed by a spouse, former spouse or parent or child who is a U.S. citizen, or by a spouse, former spouse or parent who is lawful permanent resident.
You must file a petition. Once the petition is approved, to qualify for a green card you must:
- Properly apply for permanent residence or to adjust your status
- Be present in the United States
- Be eligible to receive an immigrant visa
- Have immigrant visa immediately available to you at the time you file
- Be admissible and eligible to be a lawful permanent resident
If you have unmarried children under the age of 21 when you apply under VAWA, they may also be eligible to apply for a green card. Many of the requirements are the same as for the applicant.
Immigrant Crime Victims In Arizona May Be Eligible For A Visa
If you are the victim of a certain crime that occurred in the United States or that violated U.S. laws, you may be eligible for a U visa.
To qualify for a U nonimmigrant visa, you must:
- Be the victim of qualifying crime (the list includes more than 30 crimes, including murder, sex offenses, kidnapping, perjury and blackmail)
- Have suffered substantial physical or mental abuse as a result of the crime
- Have information about the crime
- Help in the investigation or prosecution of the crime
- Be admissible to the United States
Cooperating with the government can be confusing. Our attorneys help you fulfill the requirements for a U nonimmigrant visa and work to set you on a course to a safer future.
Helping Victims Of Human Trafficking Remain In The United States
Modern-day slavery is a terrible reality. If you are a victim of severe human trafficking, you and qualifying family members may be eligible to remain in the United States for up to four years, for employment authorization, certain federal and state benefits, and to later obtain a green card. The law defines severe trafficking as “sex trafficking” or “labor trafficking.”
To be eligible for a T nonimmigrant visa you must:
- Be a victim of a severe form of human trafficking
- Be in the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or at a port of entry due to trafficking
- Assist law enforcement in investigating or prosecuting the human trafficking
- Demonstrate that you would suffer extreme hardship involving unusual and severe harm if you were removed from the United States
- Be admissible to the United States
Our firm understands how frightening the lives of crime victims can be. Applying for a visa should not add to the fear and frustration. We will answer your questions, help you navigate the myriad forms and requirements, follow your petition through the process and keep you updated; and ensure your rights are protected. Tucson immigration law attorneys with years of experience, our attorneys can provide valuable counsel and ensure your T nonimmigrant visa is complete and accurately tells your story.
Contact A Crime Victim Immigration Lawyer In Tucson
Ayala Law Office, P.C., assists victims of domestic abuse, human trafficking and other crimes to obtain a visa for their safety. We know how frightening the lives of crime victims can be. Applying for a visa should not add to the fear and frustration. Our immigration attorneys in Tucson answer your questions and help you navigate the myriad forms and requirements. We follow your petition through the process, keep you updated and ensure your rights are protected. To learn more, please contact us online or at 520-585-4501.