1. What are the immigration options for victims of crime?

Victims of crime may be eligible to receive certain immigration benefits if they cooperate with law enforcement in the investigation or prosecution of criminal activity. Depending on which country they are from and the particular circumstances of the crime, the U.S. Department of Homeland Security has established a variety of crime-related immigration relief programs. These include U visas (for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement), T visas (for victims of severe forms of human trafficking), VAWA self-petitions (for victims of domestic violence), and cancellation of removal (for individuals facing deportation due to certain criminal convictions). It is important for crime victims to speak with an experienced immigration attorney to determine which relief options may be available to them.

2. What is U visa status and how can it help victims of crime?

U visa status is a temporary form of immigration relief available to victims of certain crimes who have suffered physical or mental abuse due to the crime and are willing to help law enforcement or government officials in the investigation or prosecution of the crime. U visa status allows victims to remain in the United States for up to four years, obtain work authorization, and eventually apply for permanent residence. This type of relief is particularly beneficial for victims of domestic violence, human trafficking, and other serious crimes who may fear for their safety if they have to return home because of their cooperation with law enforcement.

3. What requirements must be met to be eligible for the U visa?

To be eligible for a U visa, applicants must meet the following requirements:

1. Have suffered substantial physical or mental abuse as a result of having been a victim of a qualifying criminal activity;

2. Have information about the qualifying criminal activity;

3. Have been helpful, are being helpful, or are likely to be helpful to law enforcement in the investigation and/or prosecution of the criminal activity; and

4. The qualifying criminal activity occurred in the United States or violated U.S. laws.

4. How do I apply for a U visa?

In order to apply for a U visa, you must first file an application with the USCIS (U.S. Citizenship and Immigration Services). The application must include all of the required supporting documents such as evidence of a qualifying crime, evidence of harm suffered, and evidence that you are helping or have helped law enforcement in the investigation or prosecution of the crime. After your application is approved, you will be issued a U visa.

5. What other forms of relief from deportation exist for victims of crime?

Other forms of relief from deportation for victims of crime may include: U-visas (nonimmigrant visas for victims of certain crimes who have suffered mental or physical abuse and are willing to help law enforcement and government officials in the investigation or prosecution of the criminal activity); T-visas (nonimmigrant visas for victims of human trafficking); Cancellation of Removal (allows certain non-citizens to apply for permanent residency, if they can demonstrate good moral character, have been physically present in the U.S. for a certain period of time, and have been a person of good moral character); Special Immigrant Juvenile Status (for non-citizens under the age of 21 who have been declared dependent on a state juvenile court); Deferred Action for Childhood Arrivals (DACA) (for certain immigrants who were brought to the U.S. as children and meet certain educational and other requirements); and Asylum or Withholding of Removal (protection from deportation for people with fear of returning to their home country based on persecution or torture).

6. How long does it take to get a U visa approved?

The process of obtaining a U visa can take up to 18 months or more. However, some applications are approved in as little as 6 months.

7. Are there any legal fees associated with applying for a U visa?

Yes, there are some associated legal fees when applying for a U visa. These fees may include attorney fees, filing fees, and any other costs associated with submitting the application.

8. What is the T visa and how can it help victims of crime?

The T visa is a form of relief for victims of human trafficking. It allows victims of trafficking to remain in the U.S. to assist in a federal investigation or prosecution of human trafficking crimes and to receive benefits and services to aid in their recovery. The T visa holder can eventually apply for a green card, allowing them to remain in the U.S. permanently.

9. What requirements must be met to be eligible for a T visa?

In order to be eligible for a T visa, an individual must have been the victim of a “severe form of trafficking in persons” as defined by law. Eligible individuals must demonstrate that they are or were in the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or at a port of entry due to trafficking. An individual must also prove they are willing to cooperate with law enforcement and are helpful in the investigation or prosecution of human traffickers. Finally, they must demonstrate that they would suffer extreme hardship involving unusual and severe harm if they were removed from the United States.

10. How do I apply for a T visa?

To apply for a T visa, you must submit Form I-914, Application for T Nonimmigrant Status, to the United States Citizenship and Immigration Services (USCIS). You must also provide supporting documents such as evidence of your qualifying relationship, proof of past persecution or fear of future persecution, and proof of your helpfulness to U.S. law enforcement.

11. Are there any legal fees associated with applying for a T visa?

No, there are no legal fees associated with applying for a T visa. However, applicants may need to pay the filing fee when they submit their application.

12. What is a VAWA Self-Petition and how can it help victims of crime?

A VAWA self-petition is a form an immigrant can fill out and submit to the United States Citizenship and Immigration Services (USCIS) to become eligible for a Green Card without their abuser’s involvement or help. This form can be filed by immigrants who have been victims of certain qualifying crimes, such as domestic violence, sexual assault, human trafficking, and other crimes. The self-petitioner must meet certain criteria to be eligible. If approved, the VAWA self-petitioner can receive lawful permanent resident status in the United States without their abuser’s sponsorship. This allows victims to gain independence from their abuser and start rebuilding their lives.

13. How do I apply for a VAWA Self-Petition?

To apply for a VAWA Self-Petition, you must file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant with the USCIS, along with supporting documents. You can find more information and the necessary forms on the USCIS website.

14. Are there any legal fees associated with applying for a VAWA Self-Petition?

No, there are no legal fees associated with applying for a VAWA Self-Petition. The application is free and the U.S. Citizenship and Immigration Services (USCIS) covers the cost of filing the form. There may be costs associated with obtaining supporting documentation, such as medical records or police reports, which can vary depending on the specific requirements for each case.

15. Is there a fee waiver or fee exemption program available to victims of crime who are trying to immigrate to the United States?

No, there is no fee waiver or fee exemption program available to victims of crime who are trying to immigrate to the United States. All applicants, regardless of their background or circumstances, must pay the applicable fees.

16. What is cancellation of removal and how can it help victims of crime?

Cancellation of removal is a form of immigration relief that permits certain non-citizens to remain in the United States and become lawful permanent residents, despite having a final removal order entered against them. In order for people to qualify for cancellation of removal, they need to demonstrate that they have resided in the United States for at least 10 years, that they have good moral character during the ten year period, and that their removal would cause exceptional and extremely unusual hardship to their U.S. citizen or lawful permanent resident spouse, parent, or child.

Cancellation of removal can help victims of crime in the United States because it allows them to obtain lawful immigration status and provides protection from deportation. This status gives victims of crime access to important resources and assistance such as employment authorization, temporary housing, social services, and legal assistance. Additionally, it allows victims of crime to stay safely in the United States while their criminal cases are being adjudicated.

17. How do I apply for cancellation of removal?

You must file Form EOIR-42A, Application for Cancellation of Removal for Certain Non-Permanent Residents. This form is available on the United States Citizenship and Immigration Services (USCIS) website. To be eligible for cancellation of removal, you must meet certain statutory eligibility requirements. Additionally, the Immigration Judge will consider a variety of discretionary factors as part of your application. You should consult an immigration attorney for assistance in preparing and filing your application for cancellation of removal.

18. Is there an expedited process available for victims of crime seeking immigration relief?

Yes. The U.S. Citizenship and Immigration Services (USCIS) provides an expedited process for victims of crime seeking immigration relief. USCIS can grant certain individuals with special consideration, such as fast-tracking the application process or waiving certain requirements. Individuals who believe they may qualify for expedited immigration relief should contact a qualified immigration attorney to learn more about their options.

19. Is there any special consideration given to victims of crime during the immigration process?

Yes, special consideration is given to victims of crime during the immigration process. Victims of certain violent crimes who are helpful to law enforcement may be eligible for a U-Visa, which provides legal status in the United States. Additionally, individuals who have been victims of domestic violence and other forms of abuse may be eligible for a form of relief known as “cancellation of removal.” This form of relief allows individuals to remain in the United States even if they do not have a valid immigration status.

20. Are there any resources available to help victims of crime understand their immigration options?

Yes. There are many resources available to help victims of crime understand their immigration options. Victims of crime have access to a variety of organizations and resources that can provide legal and other types of assistance. The organization, the Immigrant Legal Resource Center, offers free and low-cost legal services for victims of crime. Additionally, the U.S. Department of Justice offers the Crime Victims’ Rights Clearinghouse, which provides comprehensive information on victims’ rights and services available for victims of crime. The National Immigration Project offers comprehensive legal resources for immigrant victims of crime, such as a guide to understanding immigration options and additional informational resources.