Relief  Options for Domestic Violence Victims

Survivors of domestic violence and other serious crimes may qualify for several forms of immigration relief in the United States, specifically designed to protect individuals who are non-immigrant visa holders so that they may be able to secure a work permit independent of their spouse.

• Relief under the Violence Against Women Act (VAWA)

The Violence Against Women Act (“VAWA”) provides critical protections and relief options for victims of domestic violence, including immigrant survivors. While the law was initially designed to support women, it applies to all individuals, regardless of gender, who have been victims of abuse. VAWA allows certain immigrants to self-petition for legal status, independent of their abuser’s control, and provides various forms of protection for those who are survivors of domestic violence, sexual assault, or other forms of abuse.

The eligibility requirements for VAWA relief are:

• Abuse by a U.S. citizen or lawful permanent resident spouse: The applicant must have been abused by a U.S. citizen or permanent resident spouse.

• Residency requirement: The applicant must be the spouse, child, or parent of the abuser and must have resided with the abuser at some point during the relationship.

• Good moral character: The applicant must prove that they are of good moral character, although this requirement can be waived in cases involving abuse.

VAWA provides numerous protections. Survivors of abuse can self-petition for lawful permanent residency without the abuser’s consent or knowledge. If you are an immigrant who is married to, or the child or parent of, a U.S. citizen or lawful permanent resident (green card holder), and you have been subjected to domestic violence or abuse, you may be eligible to self-petition for permanent residency (a Green Card) under VAWA. You do not need your abuser’s cooperation or knowledge to file for legal status. Derivative status may be available for children of the principal applicant. So this provision is available to spouses, children, and parents who have experienced abuse.

To qualify for a VAWA self-petition, you need to provide evidence of abuse. This can include police reports, medical records, affidavits, or other documentation that show the abuse occurred. The petition is filed using Form I-360. VAWA self-petitioners can apply for work authorization while their petition is pending independently of your abuser’s status. If approved, the VAWA applicant can obtain a Green Card (permanent residency). 

• Employment Authorization for H-4 visa holders 

VAWA also allows spouses of H-1B temporary workers who have been subjected to battery or extreme cruelty to apply for an EAD and earn an income that is separate from the H-1B holder’s. The H-4 EAD (Employment Authorization Document) is a work permit issued to certain dependent spouses of H-1B visa holders. In the context of domestic violence, there are specific provisions for victims that may provide additional relief and opportunities for work authorization, even if they are in an H-4 status.

There are VAWA protections for H-4 visa holders and certain other dependents to apply for work authorization based on domestic abuse. Although it does not give someone legal resident status, it could give someone an EAD (employment authorization document) that allows them to legally work. 

You need to file Form I-765V, Application for Employment Authorization for Abused Nonimmigrant Spouse to receive H-4 employment authorization. You will need to meet the following requirements in order to be eligible for the filing:

• You are or were the spouse of an H nonimmigrant visa holders who was admitted under INA section 101(G), and;
• You accompanied or later joined your H nonimmigrant spouse to the US.

Employment authorization enables victims to seek both safety and independence from their abuser, who is not notified about the filing. The employment authorization provisions apply equally to men and women. Initial employment authorizations will be issued for 2 years and may be renewed in certain circumstances. The issuance of employment authorization will not establish eligibility for or extend your lawful status in the United States.

• U Visa (Victims of Crime)

The U visa provides protection to non-citizens who have been victims of certain crimes, such as domestic violence, sexual assault, trafficking, and other violent offenses. This visa is meant to help victims of crime who assist law enforcement in the investigation or prosecution of the crime.

The eligibility requirements for the U visa are:

• Victim of a qualifying crime: The individual must have been a victim of one of the crimes listed under U visa regulations, which include but are not limited to domestic violence, sexual assault, kidnapping, human trafficking, and other violent crimes.

• Assistance to law enforcement: The victim must be helpful or willing to assist law enforcement in the investigation or prosecution of the crime. This may involve reporting the crime to authorities or participating in investigations.

• Suffered substantial physical or mental abuse: The victim must have suffered significant harm as a result of the crime.

• Cooperation with investigation: Law enforcement must certify the victim’s cooperation, typically through Form I-918, Supplement B (U Nonimmigrant Status Certification).

The U Visa is a time-consuming process and the federally mandated cap on the number of available U visas is 10,000 per fiscal year. However, it carries with it several benefits. The U visa allows individuals to remain in the U.S. for up to 4 years. U visa holders can apply for legal permanent residency (a Green Card) after three years of holding U status, assuming they meet other requirements. Certain family members of the U visa holder may also qualify for derivative U visa status, including spouses, children, parents, and unmarried siblings (if under 18).

If you experience any incident of domestic violence or abuse, please reach out to an immigration attorney so that we can play a crucial role in helping individuals who are victims of domestic violence by guiding them through the legal process and offering options for protection and immigration relief.

Somireddy Law Group PLLC offers such customized and client-oriented services to assist you with preparing and filing your U visa application. Please feel free to reach out to us at: info@somireddylaw.com  or  u-visas@somireddylaw.com.

Newsletter By:
Mr. Jibran Muhammad Esq