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U-VISA/ VAWA

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Lex Magnus Law: Immigration Relief for Victims of Crime – The Path to Safety and Status

 

If you or a loved one has been the victim of a serious crime or domestic abuse, U.S. immigration law provides crucial, confidential pathways to legal status, safety, and independence from your abuser. Lex Magnus Law specializes in these sensitive humanitarian petitions, offering compassionate, discreet, and expert legal counsel.

 

U-Nonimmigrant Visa (U-Visa) for Victims of Qualifying Crimes

 

The U-Nonimmigrant Visa, commonly known as a U-Visa, is a critical tool designed to protect victims of specific crimes and their immediate family members, offering them a pathway to legal status in the United States in exchange for their cooperation with law enforcement.

Core Eligibility Criteria:

  1. Qualifying Crime Victimization: The applicant was the victim of a qualifying criminal activity, as defined by the Immigration and Nationality Act (“INA”).

  2. Substantial Harm: The applicant suffered substantial physical and/or mental abuse as a result of the crime.

  3. Helpfulness to Law Enforcement: The applicant possesses knowledge and detailed information regarding the criminal activity and has been, is being, or is likely to be cooperative with law enforcement in the investigation or prosecution of the crime.

  4. U.S. Crime Location: The qualifying crime took place within the United States or violated U.S. laws.

  5. Admissibility: The applicant is admissible to the United States, although a generous waiver is available for many grounds of inadmissibility, including unlawful entry and prior immigration violations.

The Power of the U-Visa:

  • Protection from Deportation: U-Visa applicants who receive a favorable preliminary finding (known as a Bona Fide Determination, or BFD) are granted Deferred Action, providing temporary protection from removal and a four-year Employment Authorization Document (EAD) while awaiting final visa approval.

  • Path to Green Card: After maintaining U-Visa status for three years, the holder is eligible to apply for Lawful Permanent Resident (Green Card) status.

  • Family Unity: U-Visa recipients can petition to include immediate family members as derivatives, including spouses and minor children, and in some cases, parents and siblings.

 

Form I-918, Supplement B (Law Enforcement Certification)

 

The Form I-918, Supplement B is the critical document utilized to certify the victim's helpfulness. Once a victim cooperates with the investigating law enforcement agency (Police Department, District Attorney’s Office, etc.), the agency certifies this form. The certified Form I-918, Supplement B is valid for six (6) months, and the victim must submit their U-Visa application during this period.

At Lex Magnus Law, our team will guide U-Visa applicants through this entire, sensitive process, starting with contacting the appropriate law enforcement agency to advocate for and obtain the necessary certification of Form I-918, Supplement B.

 

VAWA – Violence Against Women Act Self-Petition

 

In 1994, Congress enacted the Violence Against Women Act (VAWA), creating a life-saving, confidential pathway to immigration status for qualifying, battered individuals, allowing them to self-petition without the knowledge or cooperation of their abuser.

VAWA Eligibility and Benefits:

  • Self-Petitioner: A foreign national must be a battered, self-petitioning spouse, child, or parent of a U.S. Citizen or Lawful Permanent Resident (LPR).

  • Proof of Abuse: The self-petitioner must be able to demonstrate that they suffered battery or extreme cruelty at the hands of their U.S. Citizen or LPR abuser. Extreme cruelty is broadly interpreted and can encompass:

    • Physical abuse (e.g., hitting, restraining);

    • Psychological / Emotional abuse (e.g., threats of harm/deportation, extreme degradation); or,

    • Financial abuse (e.g., withholding funds, preventing employment).

  • Key Advantage: Unlike standard family-based petitions, the VAWA self-petition (Form I-360) is filed confidentially with USCIS, meaning the abuser is not notified.

  • Immediate Benefits: VAWA self-petition approval grants the applicant protection from deportation, work authorization, and eligibility to apply for a Green Card, often allowing the applicant to Adjust Status (get their Green Card) from within the U.S.

If you have been the victim of a crime or abuse and believe you qualify for the U-Visa or VAWA protection, please contact us immediately. We are here to provide the expertise, compassion, and aggressive advocacy needed to secure your safety and your future.

To schedule a confidential consultation and discuss your potential case in detail, you can contact us at 657-809-5633.

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