If you are a battered spouse, child or parent of a U.S. citizen or lawful permanent resident, you may apply for an immigrant visa petition under the Violence Against Women Act (VAWA). The law requires that you were subject to extreme cruelty or battery. The filing is done in complete confidence with USCIS meaning that the abuser will not know you filed for permanent resident status based on abuse. The abuse standard applies equally whether the victim is a man or a woman. While the VAWA petition is pending, you can apply for work authorization and a travel document. Once your VAWA is approved, you can proceed to obtain lawful permanent residence. If you are in removal proceedings, you may also be eligible for relief if you have been the victim of abuse or extreme cruelty by applying for VAWA cancellation of removal. If you are the victim of abuse, please seek help from Osberg-Braun & Ruiz so we can guide you through this difficult process.
A U visa allows a victim of a crime to come forward and help law enforcement or government officials without fear over their lack of lawful status in the United States. The following conditions must be met in order to qualify for a U visa: must be the victim of a qualifying criminal activity, have suffered substantial physical or mental abuse as a result, have information about the criminal activity, were/are/or are likely to be helpful to law enforcement, crime occurred in the United States or violated U.S. laws and you are admissible to the United States. If you meet this criteria, Osberg-Braun & Ruiz can help you file the necessary paperwork that will eventually allow you to obtain lawful permanent resident status. If the U visa is granted, you can obtain a work permit and also petition to include certain family members. If you have been the victim of a crime and have provided assistance to law enforcement, Osberg-Braun & Ruiz will review your case to determine if you qualify for a U visa.