[vc_row][vc_column][vc_column_text]VICTIMS OF CRIMES, DOMESTIC VIOLENCE AND CRUELTY

Victims of violence in the United States have several options to obtain immigration benefits in that country. The Immigration Law gives special protection to those who have suffered the consequences of many different types of crimes and acts of violence. The law even gives victims that are outside of the United States to qualify for certain immigration benefits.

If you are the victim of any type of violence you may consult your case with Carlos Mauricio Duque, Esq., an immigration lawyer, to determine if you are eligible to apply for immigration benefits by calling one of the following telephone numbers:

• Miami, Florida +1 305 436 0155
• Bogotá, Colombia +57 1 426 3975
• México, D.F., México +52 55 4170 3632
• San Salvador, El Salvador +503 2113 3858
• Panamá, Panamá +507 836 5750
• Lima, Perú +51 1 707 5967
• Madrid, España +34 911 239 941
• Buenos Aires, Argentina +54 11 5218 4068
• Caracas, Venezuela +58 212 7715900

 

Below you will find additional information about some immigration options for victims of crimes and domestic violence.

RESIDENCE BASED ON DOMESTIC VIOLENCE OR CRUELTY (VAWA)

The following family members of U.S. Citizens or Lawful Permanent Residents of this country may file self-petitions for lawful permanent residence, if they have been victims of domestic violence or cruelty at the hands of that U.S. Citizen or Lawful Permanent Resident, if other additional requirements are met:

  • Spouses: This category benefits the victim’s children under 21 years of age.
  • Children and Step-children under 21 years of age: In some cases step-children may request permanent residence up to the age of 25 years old
  • Parents and Step-parents, but only if the abusive U.S. Citizen or Lawful Permanent Resident is over 21 years of age when the self-petition for lawful permanent residence is filed.

One of the most interesting aspects of the protection offered by VAWA is that it offers many options to individuals who are in the United States without status (illegally), or to those who would normally be excluded by the law from the posibility of obtaining legal status in this country. In other words, if you have an order of deportation, or if you have been illegally in the United States, or if you have committed certain crimes, or if you have incurred in some conduct that would normally exclude you from obtaining lawful permanent residence in the United States, you may be eligible for immigration benefits through VAWA.

U VISAS

A foreigner who has been the the victim of certain crimes in the United States may obtain legal status in this country if he or she has assisted with the investigation or prosecution of that crime. The U Visa extends its benefits to the spouse of the victim, and to his or her children under the age of 21 years of age. If the victim is under 21 years of age his or her parents and siblings under the age of 18 will also benefit.

Almost all crimes that qualify a victim for U Visa protection have violence as an element. Additionally, the law protects only victims who can prove that they suffered severe physical or mental abuse.

The person who applies for a U Visa can be physically in the United States, or outside the country’s boarders. Individuals who have an order of deportation may also apply, and even those who are inadmissible to the United States.

The foreigner who is granted a U Visa (as a principal beneficiary or as a derivative) may apply for permanent residence after 3 years.

One of the most interesting aspects of the U Visa is that it offers many options for persons who are in the United States without status, or for those who are considered inadmissible to the United States. In other words, if you have an order of deportation, or if you were or are in the United States without status, or if you committed a crime, or you have some other circumstance that would normally make you ineligible for a visa, it is possible that you could qualify for a U visa.

LEGAL ASSISTANCE

If you are a victim of any type of violence you may consult your case with Carlos Mauricio Duque, an immigration attorney, to determine if you may obtain immigration benefits. Please call on of the following telephone numbers:

• Miami, Florida +1 305 436 0155
• Bogotá, Colombia +57 1 426 3975
• México, D.F., México +52 55 4170 3632
• San Salvador, El Salvador +503 2113 3858
• Panamá, Panamá +507 836 5750
• Lima, Perú +51 1 707 5967
• Madrid, España +34 911 239 941
• Buenos Aires, Argentina +54 11 5218 4068
• Caracas, Venezuela +58 212 7715900[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]

Request personal assessment right now about VAWA & U Visa.

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