U-Visa

The U nonimmigrant status (U visa) is set aside for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity. In addition to coordinating with law enforcement agencies in investigating violent crimes against noncitizens, it also helps the same agencies to better serve victims of crimes by offering them certain protections.

A victim must possess credible and reliable information and must provide ongoing assistance to the law enforcement agency throughout the investigation or prosecution of the crime when reasonably requested by the agency, including after the granting of the U visa or status. The agency may certify the Form I-918B to apply based on the victim’s past helpfulness, present helpfulness, or likelihood in future helpfulness.

VAWA (Violence Against Women Act)

Noncitizens who have been abused by their U.S. citizen or lawful permanent resident relative can independently petition themselves (self-petition) for immigrant classification without the abuser’s knowledge, consent, or participation in the immigration process under the Violence Against Women Act. This allows victims to seek both safety and independence from their abusers.

This self-petition is not strictly limited to spouses (or intended and former spouses) and allows for children and parents to self-petition if they also faced abuse in the household from their U.S. citizen or lawful permanent resident relative. In addition to establishing the abusive relationship, the self-petitioner must also prove they are of good moral character.