Should I apply for U Visa or VAWA?
Should I apply for U Visa or VAWA?
If you qualify for a U visa or VAWA but do not know which one you should apply for, call us today at (619) 746-8879
There are three possible visas that the United States allows for victims of crimes to stay in the country or travel to the US and testify or assist law enforcement efforts and they are the U visa, T visa and VAWA. If you have been a victim of a crime, you may be wondering which visa will be best for you and we will try to help you with your decision with the following information.
The U visa is meant for victims of serious crimes as for the T visa is for human trafficking victims. VAWA, on the other hand, stands for Violence Against Women Act and consists of a self-petition for abused spouses and some parents and children of US citizens and permanent residents. However, determining which one of these options is best for you can be difficult and the help of an immigration attorney will be needed.
The reason why we encourage you seeking assistance for this decision is that you may qualify for more than one of these three visas. In addition, if you were a victim of domestic violence you can be eligible for a U visa or VAWA self-petition to get a US permanent residency or Green Card.
How to choose between the U visa or VAWA self-petition?
The first difference you need to know about is that U visas have a limit. Only 10,000 are given out every year and the cap is often reached before the year ends. However, for VAWA self-petitions, there is no cap, which may be a better choice for you if you are eligible for both visas since for the U visa you may have to wait for the following year or perhaps your assistance with the criminal case is no longer needed.
U visas were created for immigrant victims of serious crimes who have suffered mental or physical injuries due to criminal activity and can provide helpful assistance to law authorities. The objective is that these victims could aid the police in bringing the criminals involved to justice. You will need to provide evidence of battery or abuse and that the criminal violated the US law.
As for VAWA self-petitions, this was created to address the problem of abused non-citizens who decided to stay with their abusers since they held a key role to the victim obtaining lawful immigration status in the United States.
VAWA can benefit abused men, women, children and parents and also spouses. The requirements are:
- They are the abused spouse or child of a US Citizen or Legal Permanent Resident or an abused parent of a US Citizen son or daughter;
- The abuser was a US Citizen or Legal Permanent Resident;
- They were the victim of battery or extreme cruelty;
- They resided with the abuser in the United States at some point;
- They can demonstrate good moral character;
- Self-petitioning spouses must show they entered into the marriage in good faith.
Additionally, this relief requires the petitioner to show they had a familial relationship with the abuser and that he or she had status. He or she must also prove that s/he was the victim of battery or extreme cruelty.
VAWA petitions require for you to show “good moral character” and a U visa requires you not be inadmissible to the US and you will have to answer questions about your background to prove that you do not have criminal convictions, medical grounds or immigration violations.
Other differences between U visa and VAWA
In the following table you can check if you meet the requirements needed for each one of these visas:
| Description of the case | U visa | VAWA |
| Abuse and domestic violence must happen within the United States. | x | x |
| The victim must prove cohabitation or be legally married. | x | |
| A complaint must be filed with the police and collaborate with the authorities. | x | |
| A police certificate must be presented to prove the victim’s cooperation and collaboration in the case. | x | |
| You can qualify for a waiver of any prior derogatory immigration or criminal history. | x | |
| The offender or aggressor must be a US citizen or legal permanent resident. | x | |
| The victim of abuse can be a woman or a man. | x | x |
| Domestic violence should have been generated repeatedly and the frequency of the abuse received can be proven. | x | |
| The process to obtain permanent residence is easier and faster. | x |
At Kannan Law, we have experience with U visa and VAWA cases and we are ready to help you determine which option is best for you. Call us today or contact us here, our immigration attorneys will meet with you to discuss your case and options as soon as possible!