Baltimore VAWA & U Visa Attorneys

There are many categories of visas to lawfully enter the United States, often related to family members or employment. However, there are some unique categories of visas available to survivors of abuse and certain crimes. If you believe you fall into this category, reach out to a Baltimore VAWA and U Visa lawyer today.

At Immigration Legal Advisors, PLLC, we are here to support survivors of abuse or other significant harm in immigration cases. In our years of practice, we have earned over 40 5-star reviews, highlighting our trusted reputation throughout Maryland and our other service areas. We are fluent in English and Spanish, so we can also help with translation issues during your case.

What Is the VAWA Act?

The Violence Against Women Act, commonly known as VAWA, permits certain survivors of domestic violence to seek immigration protection without having to rely on an abusive spouse or family member to sponsor their case. Despite its name, VAWA protections are available to survivors of any gender abused by a United States citizen or lawful permanent resident spouse, parent, or child.

VAWA allows a qualifying survivor to file a self-petition, meaning they can pursue lawful status independently, without the knowledge or cooperation of the abuser. This structure removes the control an abuser might otherwise hold over a survivor's immigration status, allowing the survivor to leave a dangerous situation without fear of losing their ability to remain in the United States.

Who Is Eligible for a U Visa in Baltimore?

A U visa provides temporary legal status to victims of certain crimes who have endured substantial physical or mental abuse and who have been, are being, or are likely to be helpful to police in investigating or prosecuting the crime. Qualifying crimes include domestic violence, sexual assault, human trafficking, and felonious assault, among others.

To qualify, an applicant generally must show that the crime occurred in the United States or violated United States law, that they suffered substantial harm, and that they possess information about the crime. Law enforcement must also certify that the applicant has been, is being, or is likely to be helpful in the investigation or prosecution. Because there is an annual cap on U visas, applicants often face a lengthy wait after filing before a visa number becomes available.

Self-Petitioning for a Green Card Through VAWA

A VAWA self-petitioner can seek a Green Card without needing the abuser to file any paperwork on their behalf. To qualify, the applicant generally must show that they were married to, or are the child or parent of, a United States citizen or lawful permanent resident abuser, that the marriage or relationship was entered into in good faith, and that they suffered battery or extreme cruelty during the relationship.

The applicant must also show good moral character and that they currently reside, or previously resided, with the abuser. Evidence supporting a VAWA self-petition can include police reports, protective orders, medical records, and statements from friends, family, or counselors who witnessed the abuse or its effects.

Obtaining a Green Card With a U Visa

A U visa holder can apply for a Green Card after holding U visa status continuously for three years. The applicant must also show that they have not unreasonably refused to assist law enforcement since receiving the U visa, and that their continued presence in the United States is justified on humanitarian grounds, for family unity, or in the public interest.

Supporting documentation for this application typically includes evidence of continuous physical presence, proof of good moral character, and confirmation from law enforcement regarding the applicant's cooperation.

VAWA & U Visa Matters in Baltimore FAQs

Deportation Defense for Survivors of Abuse and Crime in Baltimore

Survivors of domestic violence or other crimes sometimes find themselves facing removal proceedings, whether due to an expired visa, an old order of removal, or other status issues connected to their relationship with an abuser. VAWA and U visa protections can serve as a defense in these cases, allowing a survivor to pursue lawful status even while removal proceedings are pending.

An immigration judge can grant a continuance in some cases to allow time for a VAWA or U visa application to be processed, or the case can be administratively closed while the application moves forward. Survivors facing removal should seek guidance as soon as possible to understand which protections may apply to their case.

Meet With a Baltimore, Maryland VAWA & U Visa Lawyer

Survivors of abuse and crime deserve guidance that is careful and sensitive to what they have experienced. Contact our Baltimore, Maryland VAWA and U visa attorneys or call 571-441-2233 to set up a consultation with Immigration Legal Advisors, PLLC.