DuPage County U Visas and VAWA Petitions Attorney
Immigation Attorneys Helping Clients Petition for a U Visa and VAWA Visa in Illinois
Immigrants who are victims of abuse or serious crimes often fail to report such incidents out of fear of deportation/removal. Unfortunately, this causes numerous crimes to go unreported each year. For those in this situation, there is relief available under immigration law. U visas are available for victims of certain crimes, and victims of domestic violence may petition for relief under the Violence Against Women Act (VAWA). U visas and VAWA petitions can be complicated, and it is best to consult with an experienced immigration attorney to review your options.
At Mevorah & Giglio Law Offices, we have extensive experience with U visas, VAWA petitions, and other types of immigration matters in Chicagoland and throughout Northern Illinois. Our award-winning lawyers frequently represent clients in cases handled by USCIS and ICE, and we have in-depth knowledge of the inner workings of these agencies. We understand that when you have been abused, or when a crime has been committed against you, you may be worried about your immigration status, and you may not know where to turn for help. We will take the time to thoroughly examine your case and identify the best options for relief. Our attorneys are compassionate, and we will offer skilled guidance to help you through this difficult time.
U Visa Requirements
The U visa is a nonimmigrant visa created to help law enforcement investigate and prosecute certain serious crimes (such as murder, sexual assault, torture, human trafficking, and domestic violence) while providing protection for non-U.S. citizens who are victims. To be eligible for a U visa, a person will need to meet the following requirements:
- The victim has suffered physical or mental abuse resulting from specific types of criminal activity that occurred in the U.S. and/or violated U.S. laws;
- The victim possesses information about said criminal activity; and
- The victim has been helpful and/or is likely to be helpful in investigating and prosecuting the crime.
U visas are capped at 10,000 issued each fiscal year. If the cap is reached, eligible petitioners are placed on a waiting list. While waiting for a U visa, a person will be granted deferred action, and they will be able to apply for work authorization.
VAWA Petition Requirements
Victims of domestic abuse, such as battered spouses and certain children or parents, may petition for immigration relief under VAWA. To be eligible, a person must show that they have good moral character and that abuse against them was perpetrated by a family member who is a U.S. Citizen or Lawful Permanent Resident (LPR). If applying as a battered spouse, a person must have entered into their marriage in good faith, and they must have lived together with their spouse at some point. If a couple has gotten divorced, a petitioner must demonstrate a connection between the divorce and the abuse they have suffered. In cases where a person is living with an unmarried partner or where an abuser is not a U.S. Citizen or Green Card holder, VAWA relief is not available.
Contact Our Lombard Immigration Lawyers for Victims of Abuse or Other Crimes
There are some cases in which a victim could apply for either a U visa or VAWA relief. Since there are annual caps on U visas and no limits on annual VAWA petitions, and both provide a path to legal permanent resident status, a VAWA petition is often the better option in such cases. At Mevorah & Giglio Law Offices, we put our in-depth experience to work to help clients determine the best forms of immigration relief for their specific circumstances. For a free consultation with one of our skilled Illinois immigration attorneys, contact our office today at 630-932-9100.