When someone is the victim of abuse, violence, or another serious crime, an uncertain immigration status can make an already stressful situation even more overwhelming. Survivors may be wary of contacting police, leaving a dangerous relationship, or asking for help because they are afraid of deportation. Survivors who want to protect their status may want to learn what is different between a VAWA case and U-1 nonimmigrant status.
If you’re uncertain of your legal options after being subjected to abuse or criminal activity, we’re here to help. Call Warren Law Firm to schedule a consultation with our experienced and compassionate immigration attorneys.
What is a VAWA Case?
A VAWA self-petition is a viable option for some abused spouses, children, or parents who need to request immigration relief without relying on assistance from the abusive family member. This distinction is important because abusive family members can use their victim’s immigration status as a tool to further control and abuse them.
While VAWA stands for Violence Against Women Act, VAWA protections are not limited solely to women. Eligible applicants include:
- Abused spouses of U.S. citizens or lawful permanent residents.
- Parents who have experienced abuse by their U.S. citizen son or daughter.
- Children of U.S. citizens or lawful permanent residents who have experienced abuse.
When determining what is different between VAWA case and U-1 case, it’s important to look at the privacy aspect. Because if the applicant self-petitions through a VAWA petition, they do not need the abuser’s permission or participation. In many cases, the abusive family member does not even need to know that the petition was filed.
What is U-1 Nonimmigrant Status?
U-1 nonimmigrant status is intended for victims of certain qualifying crimes. Often referred to as a U visa. Their family members may be able to apply for a derivative visa.
This status does not depend on marriage, a parent-child relationship, or another qualifying family relationship. The perpetrator of the qualifying crime may be a spouse, dating partner, employer, stranger, trafficker, or any other party.
Common U Visa Qualifying Crimes Include:
- Domestic violence
- Sexual assault
- Rape
- Human trafficking
- Stalking
- Kidnapping
- Abduction
- False imprisonment
- Felonious assault
- Witness tampering
- Obstruction of justice
- Blackmail
- Extortion
- Involuntary servitude
- Peonage
- Slave trade
- Torture
- Manslaughter
- Murder
- Female genital mutilation
- Incest
- Prostitution
- Sexual exploitation
- Abusive sexual contact
- Other related or substantially similar criminal activities
To qualify for a U visa, applicants must generally show that they suffered substantial mental or physical harm as a result of a qualifying crime and that they have been, are being, or are likely to be helpful to law enforcement in the investigation or prosecution of that crime.
What is Different Between VAWA Case and U-1 Case Types?
Although domestic violence could qualify a person for both a VAWA and U-1 case, there are some key differences.
Consider how this may play out in different case types. Imagine someone was abused by their spouse. They may qualify for VAWA protection. If they also reported the case to law enforcement and cooperated with law enforcement, they may also qualify for U-1 status. But if the abuser is undocumented or doesn’t have any qualifying legal status, VAWA may no longer be an option. U-1 still may be.
Relationship to the Abuser or Perpetrator
The relationship to the abuser or perpetrator is central to what is different between VAWA and U-1 cases. A VAWA applicant must have a qualifying family relationship to their abuser who is a U.S. citizen or lawful permanent resident in order to qualify.
A U-1 applicant may still have a family relationship with the perpetrator of the qualifying criminal activity, but they don’t have to. The perpetrator could also be an employer, friend, romantic partner, or a random stranger. U-1 cases focus on victimization by qualifying criminal activity and cooperation with law enforcement.
Law Enforcement Certification
U-1 cases generally require applicants to submit Form I-918 Supplement B. This form must be signed by a qualifying certifying agency or official who can assert that the applicant has cooperated or will cooperate with law enforcement. This form doesn’t guarantee approval, but it is an important part of the process.
VAWA cases don’t require law enforcement certification. Police reports and court documents may help prove abuse, but they serve as evidence, not a required document for the petition.
Which Option May Lead to a Green Card?
Both VAWA and U visas can provide a pathway to permanent residence, but the process is very different for each. The VAWA self-petition itself is a lawful permanent residency application. A VAWA approval directly results in a green card. U visa holders, on the other hand, must generally maintain U status for three years and meet additional requirements before becoming eligible to apply for a green card. As a result, obtaining permanent residence through a U visa often takes much longer than through VAWA.
Do You Need an Immigration Attorney?
While there is some overlap between U-1 and VAWA cases, they have distinguishing differences that set them apart. Applicants unsure of their options should speak to an immigration attorney with experience in helping abused individuals.
Speak with a Compassionate Immigration Lawyer from Warren Law Firm
Every case is different, and choosing the right form of immigration relief depends on your individual circumstances. Our immigration attorneys can answer your questions and help you determine the best path forward based on your situation.
At Warren Law Firm, we understand how hard it can be to figure out your immigration options while also recovering from abuse or being the victim of a crime. Call us at 415-362-2906 or contact us online to schedule a consultation now.
