IMMIGRATION EVALUATION SERVICES

The U nonimmigrant status (U visa) is set aside for victims of certain crimes who have suffered mental or physical abuse and is helpful to law enforcement or government officials in the investigation or prosecution of criminal activity. Congress created the U nonimmigrant visa with the passage of the Victims of Trafficking and Violence Protection Act. The U Visa protects victims of crimes who have suffered substantial mental or physical abuse due to the crime and are willing to help law enforcement authorities in the investigation or prosecution of the criminal activity.

VAWA provides domestic violence survivors with the means that are essential to escaping violence and establishing safe, independent lives. As a battered spouse, child or parent, you may file an immigrant visa petition under the Immigration and Nationality Act (INA), as amended by the Violence Against Women Act (VAWA). The VAWA provisions in the INA allow certain spouses, children, and parents of U.S. citizens and certain spouses and children of permanent residents (Green Card holders) to file a petition for themselves, without the abuser’s knowledge. This allows victims to seek both safety and independence from their abuser, who is not notified about the filing.

Psychological hardship is an evaluation that assesses the psychological impact of deportation of a family member and assesses how it will cause extreme hardship for themselves or their families including spouse, children, or parents.

Human trafficking survivors may be eligible for lawful status, employment authorization, and a potential path to permanent residency, but they are a unique population with diverse and resource-intensive needs. The ILRC publishes a guide, Representing Survivors of Human Trafficking, on special considerations when working with human trafficking victims.

Asylum is a form of protection from removal. The applicant can file affirmatively or defensively and must demonstrate that they have a well-founded fear of persecution from their home country. Fear of persecution is based on race, religion, nationality, membership in a particular social group, and political opinion.