As discussed in Module 6, the immigrant community is particularly vulnerable to sexual assault and faces unique concerns when navigating the criminal justice system or deciding whether to navigate that system, including the fear that reporting the sexual assault to law enforcement will trigger their removal from the country. Federal law provides avenues for immigrant victims to seek legal status in the U.S. in the form of U-Visas and T-Visas. These processes are long and complex; and immigrant victims can benefit from the expertise of an immigration attorney. Advocates should assist immigrant victims in identifying qualified immigration attorneys or legal services.

Below are the basic requirements of each of these immigration petitions.

Violence Against Women Act (VAWA) Petition¹

Some victims’ immigration status is tied to their abuser, in that they need their abuser to complete the application for documented status. By filing for a petition under VAWA, a victim may qualify for a green card on their own. Victims must show that they:

• Have or had a qualifying relationship with the abuser spouse, or, are the parent or child of the abuser,
• Reside or resided with the abuser,
• Have good moral character, and
• Have been victims of battery or extreme cruelty.²

VAWA Cancellation of Removal³

If a victim is subject to a removal or deportation proceeding, a victim can request that a judge cancel their removal, which would grant a victim permanent residence. A victim must show that they have established roots in the United States and be:

• A person who is an abused spouse, former spouse, or intended spouse of a U.S. citizen or lawful permanent resident;
• A person who is or was an abused child of a U.S. citizen or lawful permanent resident; and
• A person who is the non-abusive parent of a child who is or was subjected to domestic violence or extreme cruelty by a U.S. citizen or lawful permanent resident parent. The parent herself need not be abused.

U Nonimmigrant Status⁴

To encourage immigrants to participate in law enforcement proceedings regarding crimes they have been subjected to, the federal government, through U.S. Citizenship and Immigration Services, may confer U nonimmigrant status (known as a U Visa). To apply for this visa, a law enforcement official must certify that a victim is assisting law enforcement, and that the victim:                                                                                               

• Is a victim of qualifying criminal activity and has suffered substantial physical or mental abuse as a result of the crime,
• Possesses credible and reliable information about the qualifying criminal activity,
• Is, has been, or is likely to be helpful to the investigation and/or prosecution of that qualifying criminal activity, and
• Is a victim of criminal activity that violated a U.S. law.⁵

T Nonimmigrant Status⁶

Similar to the U Visa, T Nonimmigrant Status (known as a T Visa) may be conferred on victims who assist law enforcement and are victims of trafficking.

To apply for this visa, a law enforcement official must certify that a victim is assisting law enforcement, and:

• Is a victim of a severe form of trafficking in persons,
• Is physically present in the United States on account of the trafficking,
• Will comply with any reasonable requests for assistance in the investigation or prosecution (or is under the age of 18), and
• Will suffer extreme hardship involving unusual and severe harm if removed from the United States.⁷

Additionally, a personal statement is required with the application, describing how a victim was trafficked. It is expected that a victim will identify people that have engaged in human trafficking, assist in locating and apprehending these persons, and then testify at required proceedings.