Lawyers in New Orleans for Victims of Crime and Human Trafficking

What is a U Visa?

The U Visa is a non-immigrant visa for victims of certain crimes who have suffered physical or mental abuse and who can help U.S. authorities or government agencies investigate or prosecute criminal activity.

The U Visa was created by Congress in October 2000 to offer protection to victims of serious crimes, such as human trafficking, sexual assault, physical abuse and other violent crimes, who cooperate with the authorities.

Often, victims or survivors of these crimes are afraid to speak to authorities for fear of deportation or arrest. Many of them are undocumented immigrants without legal status, which makes them vulnerable to criminals and leaves immigrant communities more exposed to crime.

This visa allows victims to feel safe when approaching the authorities and promotes legal accountability for perpetrators. By providing their testimony, victims help improve the authorities' ability to investigate and prosecute crimes.

Victims of crime may eventually qualify for permanent residency (Green Card) in the future, but first they must obtain U.S. nonimmigrant status.

Who is eligible for a U Visa?

To be eligible for a U Visa, a person must meet the following requirements:

You must be a victim of certain specified crimes or similar criminal activity.
It must possess information related to criminal activity.
He must have helped, be helping, or be likely to help a federal, state, or local government agency, or a family, civil, or criminal court in the detection, investigation, prosecution, conviction, or sentencing of the crime.
He must have suffered substantial physical or mental abuse as a result of being a victim of one or more qualifying criminal activities.
The criminal activity must have violated federal or state laws of the United States, or have been committed within the country, its territories, or possessions.

To prove that it has been helpful, the applicant must obtain certification from a law enforcement official, prosecutor, judge, Department of Homeland Security (DHS) official, or other federal, state, or local authority involved in the investigation, prosecution, conviction, or sentencing of the relevant criminal activity.

What is a T-Visa?

The T Visa was created to provide immigration relief to victims of “severe forms of human trafficking,” A T Visa protects recipients from removal and gives them permission to work in the United States. Bona fide T-visa applicants also have access to the same benefits as refugees, including cash assistance, food assistance, and job training. Spouses and unmarried children may qualify as depending on family members of the trafficking victim . Additionally, if the applicant is under 21, derivatives may include parents and unmarried minor siblings of the trafficking victim.

Who is eligible for a T-visa?

An immigrant may be eligible for a T visa if the person:

Is a victim of a severe form of trafficking ; which includes sex trafficking in which a commercial sex act is induced by fraud, force, coercion, or in which the victim is younger than 18 years of age; OR the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through use of force, fraud, or coercion for the purpose of subjecting the individual to involuntary servitude or slavery.

Is physically present in the United States on account of trafficking;

Assists law-enforcement officials in the investigation or prosecution of the traffickers (victims under 18 years of age are exempted from this requirement); and

Can demonstrate that she will suffer extreme hardship involving unusual and severe harm if removed from the United States.

Survivors Violence Trafficking in New Orleans

What is a VAWA Self-Petition?

VAWA stands for the Violence Against Women Act, which was passed by Congress in 1994. VAWA created a special route to legal immigration status for victims of domestic abuse who normally must rely on their abusers to file for status for them. VAWA self-petitioning allows victims of abuse who are close relatives of US citizens or lawful permanent residents (spouses, children, and parents) to file for status on their own.

Who is eligible for a VAWA Self-Petition?

VAWA self-petitions are available to spouses and former spouses of abusive US citizens or lawful permanent residents. Divorced spouses may self-petition if the termination of the marriage was related to the abuse and if the application is filed within two years of the termination of the marriage. Children of abusive citizens or lawful permanent residents may file before turning 25. Additionally, a noncitizen parent of an abused noncitizen child, even if the noncitizen parent is not herself abused. Additionally non-citizen parents of US-citizen or LPR who have been subjected to elder abuse.

In addition to proving abuse, a self-petitioner must also provide:

Good faith marriage if the abuser is a spouse or step-parent.
The relationship to the abuser.
The immigration status of the citizen or LPR spouse, parent, or child.
Good moral character.
Residence with the abusive family member.
Parent-child relationship if the applicant is a non-abusive noncitizen parent whose US-citizen or LPR spouse perpetrated the abuse.

Do you want to apply for a visa for survivors of violence and trafficking? We are here to help!

At Golden Muños Law, we love to provide legal services and counsel to immigrants during every stage of their journey to become Green card holders and US citizens. We know well the importance of diversity to a country's culture. Our team of attorneys is made up of professionals from different backgrounds and areas of expertise, ready to help identify the special needs of your case from different perspectives.