Victims of Crimes or Domestic Violence
There are several options to obtain a legal status in the U.S. when a person has been victim of a qualified crime, domestic violence or human trafficking.
U-Visa
As mentioned above, another way for a person to be able to obtain his or her green card or legal status in the United States is through the U-1 nonimmigrant Visas. The victim of certain crimes committed in the United States or subject to U.S. jurisdiction is eligible if he or she possess knowledge that would be helpful to authorities in investigating or prosecuting the crime; and is either helping or deemed to be likely to help authorities in investigating or prosecuting the crime. Moreover, some family members of U-1 Visa applicants may be eligible to qualify as a derivative. The U status lasts for 4 years, unless extended, and persons are eligible to apply for adjustment of status from U status to lawful permanent resident (LPR) status after spending 3 years with U status INA § 245(m).
VAWA (The Violence Against Women1 Act—VAWA)
Sometimes, a person may be a victim of domestic violence by abusive spouses who use the family visa process to control the undocumented spouse. There are cases in which abusers threaten to withdraw the petition or even call immigration authorities to deport a spouse who leaves, objects, or calls the police to report the abuse. VAWA permits victims either woman or men to obtain legal status on their own
without having to rely on abusive spouses to start and complete the process and finally to get the green card. Therefore, under VAWA, an abused spouse or child of a USC or LPR or an abused parent of an adult USC son or daughter can self-petition for lawful immigration status in the United States. Once a self-petition is approved, the self-petitioner will have some protection from deportation, and will be qualified to work legally in the United States.
T-visa
The government offers several ways to help a person who has victim of trafficking. “Congress created this status (commonly referred to as a T visa) in October 2000 as part of the Victims of Trafficking and Violence Protection Act. Human trafficking, also known as trafficking in persons, is a form of modern-day slavery in which traffickers use force, fraud, or coercion to compel individuals to provide labor or services, including commercial sex. Traffickers often take advantage of vulnerable individuals, including those lacking lawful immigration status. T visas offer protection to victims and strengthen the ability of law enforcement agencies to investigate and prosecute human trafficking.” See available at https://www.uscis.gov/humanitarian/victims-human-trafficking-other-crimes/victims-human-trafficking-t-nonimmigrant-status
T nonimmigrant status is a temporary immigration benefit that enables certain victims of a severe form of human trafficking to remain in the United States for up to 4 years if they have assisted law enforcement in an investigation or prosecution of human trafficking. T nonimmigrant status is also available for certain qualifying family members of trafficking victims. T nonimmigrants are eligible for employment authorization and certain federal and state benefits and services. T nonimmigrants who qualify may also be able to adjust their status and become lawful permanent residents (obtain a Green Card). Id.
About Notario Fraud
The American Bar Association (“ABA”) which “promotes the best quality legal education, promote competence, ethical conduct and professionalism, and promote pro bono and public service by the legal profession,” is educating people to prevent them to be victims of misrepresentation by the known “notaries.” ABA stated that: “Individuals who represent themselves as qualified to offer legal advice or services concerning immigration or other matters of law, who have no such qualification, routinely victimize members of immigration communities. Such representations can include false statements that: The individual is an attorney, or abogado; the individual is authorized to represent immigrants before the United States Citizenship and Immigration Service (“USCIS”), or before immigration courts; the individual is qualified to assist in preparing a will, corporate document or other legal paperwork; the individual is a legal assistant; the individual has a court license; or the individual is a notario publico. See available at https://www.americanbar.org/groups/public_interest/immigration/projects_initiatives/fight-notario-fraud/about_notario_fraud/
Why Choose the Law Office of Luis Victoria
Perseverance
The lawyer Luis Victoria is characterized by being a disciplined and persevering person. Without a doubt he will spare no effort to devote himself to your case.
Responsiveness
The Law Office of Luis Victoria, P.A. has the characteristic of being responsive. The lawyer will answer your questions in the shortest possible time.
Knowledge and Commitment
Attorney Luis Victoria understands very well the client’s immigration issues because Mr. Victoria is an immigrant and knows perfectly how to succeed within the American system. Mr. Victoria is Colombian lawyer and U.S. attorney. Once he moved to the United States, he started obtaining a deeply knowledge of the U.S. system. He also knows that to adhere to ethical rules and professional conduct is the most important element to succeed in the attorney-client relationship.
