PRACITCE AREA: U-VISAS & VAWA

U-VISAS & VAWA

Leiva Law Firm has helped victims of crime obtain their green card as a result of tragic events they have suffered. We understand that the immigrant community, as a result of their undocumented status, is more susceptible to crime because many times they do not report the crimes out of fear of coming under the scrutiny of immigration customs enforcement (ICE).

We have helped individuals who have suffered violent crimes themselves or whose immediate family members have been victims of crimes in solving their and their families’ immigration situation. If you or your family member have been a victim of a crime and have cooperated with the police, contact our office to schedule a consultation regarding your case.

Individuals who have suffered substantial mental or physical injury as victims of crime in the United States may qualify to remain temporarily in the country to assist law enforcement and provide testimony against the perpetrator. This visa gives the individual temporary legal status and makes him or her eligible to work while in the U.S. for up to four years. After three years, the visa holder can apply for lawful permanent residence.

The candidate must have suffered physical or mental abuse due to the crime that he or she has experienced or witnessed, including (but not limited to):

Domestic violence

Extortion

Kidnapping

Trafficking

Rape and other sex crimes

Witness tampering

Hostage situations

False imprisonment

Felonious assault

Prostitution

Perjury

Obstruction of justice

Murder or manslaughter

Solicitation to commit a crime

A critical part of the U visa application is obtaining certification from either the police or a prosecutor that the applicant assisted law enforcement.

Our immigration law office can assist in obtaining the proper certifications required and we offer FREE consultations for U-Visa applicants.

VAWA

As a battered spouse, child or parent, you may file an immigrant visa petition under the Immigration and Nationality Act (INA).

The VAWA provisions in the INA allow certain spouses, children, and parents of U.S. citizens and certain spouses and children of permanent residents (Green Card holders) to file a petition for themselves, without the abuser’s knowledge. This allows victims to seek both safety and independence from their abuser, who is not notified about the filing.

Those Eligible to File

1. Spouse: You may file for yourself if you are, or were, the abused spouse of a U.S. citizen or permanent resident. You may also file as an abused spouse if your child has been abused by your U.S. citizen or permanent resident spouse.  You may also include on your petition your unmarried children who are under 21 if they have not filed for themselves.
2. Parent: You may file if you are the parent of a U.S. citizen, and you have been abused by your U.S. citizen son or daughter.
3. Child: You may file for yourself if you are an abused child under 21, unmarried and have been abused by your U.S. citizen or permanent resident parent. Your children may also be included on your petition. You may also fil Save e for yourself as a child after age 21 but before age 25 if you can demonstrate that the abuse was the main reason for the delay in filing.

Our firm has represented men and women if successfully filing VAWA Adjustment of Status applications, allowing them to obtain legal status in the U.S. and remove themselves from relationships with abusive partners. If you are in need of assistance in this particular scenario, call our office for a FREE consultation.