Finding yourself being the victim of a violent crime is one of the most devastating circumstances that a person can find themselves in. If you add to that the fact that you are a foreigner with challenges on that side as well, the compounding effect can be even more crippling. However, there are several immigration benefits available to victims of crime. These benefits can help victims of crime remain in the United States and potentially gain lawful permanent residence (green card) or citizenship.
It is important to keep in mind that the type of crimes that are covered by these benefits are violent crimes against a person. For example, if someone broke into your house while you were gone and stole your tv set, that is a crime, but it would not qualify. However, if someone entered your house and held you at gun point, and stole your tv, that might qualify. Second, there are many nuances to each instance, therefore remember that this is just a brief description of the benefits available. In this blog, we will discuss the three main benefits available to victims of crime. Our office can help you determine your eligibility and take care of the entire process of obtaining the benefit you might qualify for from beginning to end. Finally, immigration is an important and necessary factor in your life as a survivor of a crime. However, this is not your first step. If you are in danger or have suffered harm, reach out for help. Call 911 when in the middle of an emergency or if not in the middle of an incident contact an organization like One Safe Place.
U visa
The U visa is a benefit that is available to victims of certain crimes, including domestic violence, sexual assault, and human trafficking. The U visa allows victims to remain in the United States for up to four years and can be extended in certain circumstances. After three years in this status, the beneficiary can apply for lawful permanent residency (green card). If the victim meets certain requirements and cooperates with law enforcement in the investigation and prosecution of the crime, they may be eligible for a U visa. Key requirements: violent crime and police involvement.
VAWA self-petition
The Violence Against Women Act (VAWA) allows certain victims of domestic violence to self-petition for lawful permanent residence (green card). Despite its name, this law is gender blind and applies to any victim. To be eligible for a VAWA self-petition, the victim must show that they are or were married to a U.S. citizen or lawful permanent resident who has subjected them to battery or extreme cruelty. The victim must also show that they entered the marriage in good faith. Key requirement: Survived abuse while married to a US citizen or LPR.
T visa
The T visa is a benefit that is available to victims of human trafficking. The T visa allows victims to remain in the United States for up to four years and after three years in this status the beneficiary is allowed to apply for lawful permanent residency (green card). To be eligible for a T visa, the beneficiary must show that they were a victim of severe trafficking. Cooperation with law enforcement in the investigation and prosecution of the crime and obtaining a law enforcement certification is ideal but not required. Key requirements: victim of human trafficking, whether sexual or labor. Their presence in the US is due to the trafficking scheme.
Last word
Victims of crime who are also foreigners have great challenges ahead of them. Remember that the first step to take is to secure their safety. After that, there are several immigrations benefits available to them. These benefits can help victims remain in the United States and potentially gain lawful permanent residence and citizenship.
If you or someone you know is a victim of crime and needs immigration assistance, make an appointment with us to evaluate your case.