Gaithersburg VAWA and U Visas Attorneys

Lawyers Helping Victims of Abuse or Other Crimes Address Immigration Issues in Gaithersburg, MD

Experiencing violence or falling victim to a crime can be devastating for anyone. However, non-citizens in the United States may face additional concerns related to immigration issues as they take steps to escape dangerous situations. Some immigrants may worry about the threat of deportation, or they may be concerned about maintaining their immigration status, especially if a sponsor for a family-based visa is the person who has been committing acts of abuse.

Fortunately, federal laws provide some protections for people in these situations. The Violence Against Women Act (VAWA) can address situations involving domestic abuse, and the U visa program can provide relief for those who have been the victims of crimes. Immigrants can take steps to protect their safety while ensuring that they can maintain a lawful status in the United States.

At Immigration Legal Advisors, PLLC, our immigration attorneys can provide guidance for survivors of domestic violence or other crimes, helping them obtain protections through humanitarian relief. We work with clients in Gaithersburg to evaluate their eligibility for VAWA or U visas, help gather supporting documentation, prepare and submit applications, and work with law enforcement agencies when necessary. We understand the emotional issues involved in these cases, and we provide compassionate legal help to ensure that our clients can resolve immigration issues successfully.

VAWA Self-Petitions for Victims of Domestic Abuse

The Violence Against Women Act protects people who have suffered domestic violence at the hands of a family member who is a U.S. citizen or lawful permanent resident. VAWA allows survivors of abuse to self-petition for lawful permanent residency and receive a Green Card without the abuser's knowledge or cooperation. This can help break the cycle of abuse by removing the power an abuser may hold over a victim.

Who Can File a VAWA Petition?

VAWA is not limited to women, despite its name. It applies to:

• Spouses who have been abused by partners who are U.S. citizens or lawful permanent residents
• Children who have been abused by U.S. citizen or lawful permanent resident parents
• Parents who have been abused by U.S. citizen children

Requirements for a VAWA Self-Petition

To qualify, an applicant must:

• Demonstrate a qualifying relationship with the abuser.
• Show that they resided with the abuser.
• Provide evidence of battery or other forms of extreme cruelty.
• Prove they have good moral character.

A successful VAWA petition will allow an applicant to take steps to become a lawful permanent resident, and it will also provide protection against deportation. In many cases, applicants may qualify for public benefits, and they will receive authorization to work and earn an income while living in the United States.

U Visas for Crime Victims

People who have been the victims of crimes may be able to receive protection against deportation by applying for U visas. They will need to be willing to assist law enforcement as they investigate or prosecute the perpetrators of these crimes.

Qualifying Crimes for a U Visa

The types of criminal activity that may qualify someone for a U visa include:

• Domestic violence
• Sexual assault
• Human trafficking
• Kidnapping
• Involuntary servitude
• Torture
• Obstruction of justice
• Felony assault

This list is not exhaustive, and other serious crimes may qualify if they involve substantial harm to the victim.

U Visa Requirements

To obtain a U visa, an immigrant must:

• Be the victim of a crime that has been committed in the U.S.
• Have experienced serious abuse of a physical or emotional nature.
• Possess credible information related to the crime in question.
• Be helpful to law enforcement officials as they investigate criminal activity or prosecute the person who committed these crimes.

A key part of the application process is obtaining a law enforcement certification. This document must be signed by an official, and it will confirm that the applicant has cooperated with law enforcement.

Once granted, a U visa will allow the victim and certain family members to remain in the United States for up to four years, although extensions may be available if needed. After living in the U.S. for three years under a U visa, an immigrant can apply for a Green Card.

Legal Challenges

Applying for relief under VAWA or a U visa will require extensive documentation. Our attorneys can provide the legal help needed to address issues that may arise during this process. We can assist with:

• Obtaining documentation of abuse or a qualifying crime.
• Making sure the correct law enforcement certification is provided for a U visa.
• Demonstrating that a person has good moral character.
• Ensuring that all forms and documents are filed within the correct timeframes.

Contact Our Gaithersburg, Maryland Immigration Lawyers for Victims of Crime and Abuse

For immigrants who have suffered harm due to domestic violence, sexual assault, or other crimes while living in the United States, Immigration Legal Advisors, PLLC can help ensure that the proper steps are followed to obtain protection from deportation and secure a lawful immigration status. We work with immigrants in Gaithersburg, providing the help they need to take control of their future and prevent harm due to violence or abuse. Contact our office today at 571-441-2233 to get legal help with these or other immigration issues.