Can a domestic violence lawyer help with immigration issues for victims of domestic abuse?

a domestic violence lawyer can certainly help victims of domestic abuse with immigration issues. In fact, there are specific provisions under the U.S. immigration law that offer protection and assistance to victims of domestic violence who are in the country on a non-immigrant visa or are undocumented.

One of the most important immigration remedies available to victims of domestic abuse is the U visa. The U visa is a non-immigrant visa that provides temporary legal status to victims of certain crimes, including domestic violence. To be eligible for a U visa, the victim must have suffered substantial physical or mental abuse as a result of the crime and must be willing to assist law enforcement in the investigation or prosecution of the crime. A domestic violence lawyer can help victims gather the necessary evidence, such as police reports, medical records, and affidavits, to support their U visa application.

Another immigration remedy available to victims of domestic abuse is the Violence Against Women Act (VAWA) self-petition. Under VAWA, victims who are married to a U.S. citizen or lawful permanent resident can self-petition for a green card without the abuser’s knowledge or consent. A domestic violence lawyer can guide victims through the self-petition process, help them gather the required evidence of the abuse, and prepare a strong case to present to U.S. Citizenship and Immigration Services (USCIS).

Additionally, a domestic violence lawyer can assist victims in obtaining other forms of relief, such as a T visa or asylum, if they meet the eligibility criteria. A T visa is available to victims of human trafficking, including those who have been forced into domestic servitude or labor exploitation. Asylum may be an option for victims who fear persecution or harm if they return to their home country due to their membership in a particular social group, which can include victims of domestic violence.

In summary, a domestic violence lawyer can provide crucial legal assistance to victims of domestic abuse who are facing immigration issues. They can help victims navigate the complex immigration system, determine the most appropriate immigration remedy, gather the necessary evidence, and advocate on their behalf to ensure their safety and legal status in the United States.