Law Office of Mario Zapata - IMMIGRATION LAW
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U-Visa and Green Cards for Victims of Abuse (VAWA)

Immigration through U Visa

The U non-immigrant status (U Visa) was created for victims of crimes who have suffered substantial mental or physical abuse and are willing to assist law enforcement and government officials in the investigation or prosecution of the criminal activity.

Generally, the individual must show the following to warrant a granting of U Non-immigrant status (U Visa):
  1. s/he was a victim of a qualifying criminal activity; AND
  2. Has suffered substantial physical or mental abuse as a result of having been a victim of a qualifying criminal activity; 
  3. Has information concerning that criminal activity;
  4. Has been helpful, is being helpful, or is likely to be helpful in the investigation or prosecution of the crime;
  5. The criminal activity violated U.S. laws

Battered Spouse, Children & Parents Protected under VAWA

Such victims may be eligible for certain immigration benefits, as provided under the Violence Against Women Act (VAWA). Under the law, victims related to citizens and lawful permanent residents may file a self-petition, without the abuser’s knowledge. Therefore, the victim can seek a level of protection and independence from the abuser, who is not made aware of the filing.

General Eligibility - Spouse
  • The marriage to a citizen or resident is currently in effect, or was terminated within 2 years to the self-petition filing;
  • The marriage was entered into in good faith and the abused spouse is a person of good moral character;
  • The spouses lived together at some point.

General Eligibility - Child
  • Is the child of and resided with the citizen or resident abuser;
  • Is of good moral character;
NOTE: the abused child may be included as a dependent in respective parent’s self-petition. The child may self-petition after age 21 but before 25 if he or she can show that the reason for the late filing was mainly caused by the abuse.

General Eligibility - Parent
  • Has been abused by the U.S. citizen son or daughter or is the parent of a child that has been victim to abuse by a citizen or resident;
  • Resided with the abusive son or daughter;
  • Is a person of good moral character

Immigration Attorney Experienced with U-Visa and VAWA Cases
If you reside in California or anywhere else in the United States and have been a victim of a crime and want to determine if you may be eligible for a U Visa, contact our  immigration law office at (714) 441-2800 to schedule an initial consultation so that we may evaluate your case.

Based in Anaheim, California, the Law Office of Mario Zapata provides immigration-related legal services to individual and business clients from across the United States and around the world, including: Orange County, Los Angeles County, Riverside County, San Bernardino, and San Diego County in California. Mr. Zapata has represented residents of Anaheim, Fountain Valley, Fullerton, Garden Grove, La Habra, Lake Forest, Long Beach, Los Angeles, Ontario, Riverside, San Bernardino, San Juan Capistrano, and Westminster.

© 2018 by Law Office of Mario Zapata. All rights reserved. Disclaimer :  Site Map
  • Home
  • Attorney Profile
  • Immigration Law
    • Executive Action >
      • Deferred Action for Childhood Arrivals (DACA)
      • Deferred Action for Parent Accountability (DAPA)
    • Family-Based Immigration >
      • Fiancee Visas
      • Green Card for Spouse, Children, and Siblings
      • Green Card Through Same-sex Marriage
      • I-601 & I-601A Provisional Waiver
      • U-Visa and Green Cards for Victims of Abuse (VAWA)
      • Naturalization & Citizenship
      • Parole of Spouses, Children and Parents of Military Members
    • Deportation Defense >
      • Asylum
      • Cancellation of Removal
      • Removal Proceedings
    • Employment-Based Immigration >
      • PERM & Employment-Based Green Card
      • E-1 and E-2 Non-immigrant Visa
      • H-1B Specialty Occupation Workers
      • L-1 Intra-company Transferee
      • TN (NAFTA Professionals)
  • Español
  • Contact Us
  • Blog
  • More +
    • Consultation
    • News
    • Resources
    • Scholarship
    • Disclaimer