If you’ve suffered abuse or violence and are living in the U.S. without legal status, you may have options for protection. U.S. immigration law provides several pathways for a violence victim to apply for legal status and eventually obtain a Green Card. Let’s explore these options to see if you might qualify.
U Visa: Help Law Enforcement, Gain Protection
The U Visa is designed for victims of crimes like domestic violence, sexual assault, and trafficking who help law enforcement in investigating or prosecuting the crime. To qualify, you must:
- Have suffered significant physical or emotional harm.
- Possess useful information about the crime.
- Be willing to assist in the investigation or court process.
- Obtain certification (Form I-918B) from law enforcement.
This visa not only offers legal protection but may also lead to a Green Card after three years. Family members may also be eligible for derivative visas.
T Visa: For Victims of Human Trafficking
If you’ve been trafficked into the U.S. for forced labor or commercial sex acts, the T Visa could be your path. Eligibility includes:
- Being a victim of severe human trafficking.
- Cooperating with authorities (unless under 18).
- Demonstrating that returning to your country would cause extreme hardship.
You must submit Form I-914 and provide strong evidence of your trafficking experience.
VAWA: Self-Petitioning Without the Abuser
Under the Violence Against Women Act (VAWA), certain immigrants abused by a U.S. citizen or permanent resident can apply for a Green Card on their own. You may qualify if you:
- Have a qualifying relationship with the abuser (spouse, parent, or child).
- Lived with the abuser and suffered battery or extreme cruelty.
- Show good moral character.
VAWA is available to all genders and protects your privacy during the process.
Adjusting Status After Protection
If granted a U or T Visa, or approved under VAWA, you may later apply for permanent residency (Green Card) by:
- Maintaining your qualifying status for three years.
- Proving continuous presence and good conduct.
- Filing Form I-485 with supporting documents.
Don’t Navigate This Alone
Every case is unique, and immigration law can be complex. Fortunately, you don’t have to face this alone. At J. Molina Law Firm, we’ve helped many immigrants find safety and legal stability after experiencing violence. Let us guide you through every step with compassion and expertise.
Contact J. Molina Law Firm today for a confidential consultation. Your safety, your family, and your future matter—and we’re here to help.
