U Visas and VAWA

What is a U Visa?

A U visa or U nonimmigrant status is designed specifically for victims of domestic violence, sexual assault, felony assault, kidnapping, and trafficking. Victims who qualify for this visa have suffered mental or physical abuse and have aided law enforcement or government officials in an active investigation or prosecution of criminal activity.

What is a VAWA?

VAWA stands for Violence Against Women Act and offers certain protections for victims of domestic violence or spousal abuse. It allows them to self-petition in the hopes of obtaining a green card without the assistance of a U.S. citizen or permanent resident relative who is the source of their abuse. Despite the name, the VAWA applies to women, men, and children.

U Visa Vs. VAWA

Because a U visa and the VAWA are so similar, it can be difficult to know which path to choose when trying to obtain U.S. citizenship. One of the main differences between these options is that there is no cap on VAWA. However, there is a yearly cap of 10,000 U visas per year, which could result in you being put on a waitlist if the limit has already been reached when you apply for a U visa.

If you choose to go the route of a VAWA, you will still need to have a qualifying relative who is a green card holder or U.S. citizen, even though you will be self-petitioning. Another difference between the two options is that less documentation is required for a U visa, which can make it easier to get approved, although the wait time may be longer. Additionally, for a VAWA, you have to provide some form of proof of good moral character, whereas a U visa does not require this.

Benefits of Hiring an Immigration Attorney in Los Angeles

If you are considering applying for a U visa or VAWA, it is highly recommended that you get the assistance of an immigration attorney in Los Angeles beforehand. Having legal assistance is invaluable in the immigration process, especially for victims of domestic abuse. Here are some of the benefits of hiring an immigration lawyer to support your application.

Experience and Personalization

When you hire an immigration attorney to help you get a U visa or VAWA, you are benefiting from their many years of experience. Experience is invaluable during the immigration process as it can feel very confusing and different aspects of the law can change year to year.

A Southern California immigration attorney can also provide a personalized approach to your unique case so that you have the best possible chance of having your application accepted. This includes helping you know which option is the best fit for your situation.

Problem-Solving

Because there are many complexities regarding the immigration process, it can be difficult to navigate this on your own. If you run into issues or more information is required for your application, an immigration lawyer will be there to help you every step of the way. This can help you avoid having your application rejected or having it delayed by several months.

Legal Advocacy

As an immigrant, you most likely are unfamiliar with how the immigration laws in the United States work and what your rights are. The U.S. government also doesn’t provide attorneys to help immigrants with their applications and immigration cases. That is why it is up to you to hire an immigration lawyer who can help represent you and act as your legal advocate.

An attorney will ensure you go through the immigration process correctly and can help handle communication on your behalf.