U-Visa & VAWA: Protection for Crime & Abuse Victims
Immigration law offers protection to certain victims of crime and survivors of abuse — through the U-visa and through VAWA self-petitions. These are confidential, and you do not need your abuser’s cooperation.
U-visa and VAWA, briefly
The U-visa can help certain victims of qualifying crimes who cooperate with law enforcement. VAWA lets some survivors of abuse by a U.S. citizen or resident family member self-petition — independently and confidentially. Which path fits depends on your situation.
How we help
We handle these cases with care and discretion, help you gather what is needed, and guide you through the process. If you were also injured, our personal injury team may be able to help as well. Se habla espanol.
Frequently asked questions
What is a U-visa?
A U-visa is a form of immigration protection for victims of certain serious crimes who have suffered substantial harm and are helpful to law enforcement. It can offer lawful status, work authorization, and in time a path toward a green card. Speaking with an attorney can help you understand if your situation may qualify. Se habla espanol.
What is VAWA and who can use it?
VAWA, the Violence Against Women Act, allows certain abused spouses, children, and parents of U.S. citizens or lawful permanent residents to self-petition for status. Despite its name, it protects survivors of any gender. It is designed to help survivors seek safety independently of their abuser.
Do I need my abuser's help or knowledge to file a VAWA self-petition?
No. A VAWA self-petition is confidential and does not require your abuser's cooperation, permission, or even knowledge. This is one of the most important protections VAWA offers survivors. You can take this step on your own with the help of an attorney.
Is my VAWA petition confidential?
Yes. The law includes strong confidentiality protections, and the government is restricted from sharing information about your petition with your abuser. These safeguards are meant to help you seek protection safely. Your attorney will also keep your information private.
Do I have to report the crime to police to get a U-visa?
A U-visa generally requires that you have been helpful, are being helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime. This often involves reporting the crime, but the exact requirements depend on your case. An attorney can explain what helpfulness means for your situation.
What crimes can qualify someone for a U-visa?
Qualifying crimes include a list of serious offenses such as domestic violence, sexual assault, kidnapping, and certain other violent or exploitative crimes. The crime generally must have occurred in the United States or violated U.S. law. An attorney can review whether what happened to you may qualify.
Can I get a work permit with a U-visa or VAWA case?
Yes, work authorization is often available, though the timing depends on your case and current processing rules. Being able to work lawfully can bring important stability and independence. Your attorney can help you apply at the right stage.
Do I qualify for a U-visa if I am undocumented?
Being undocumented does not automatically disqualify you from a U-visa. Many U-visa applicants do not have lawful status at the time they apply. The focus is on the crime you suffered and your helpfulness to law enforcement, so it is worth speaking with an attorney.
Can men apply under VAWA?
Yes. VAWA protections apply to survivors of any gender, including men, who have been abused by a qualifying U.S. citizen or lawful permanent resident family member. The law's name does not limit who can seek help. Everyone deserves safety and support.
What if my abuser is a lawful permanent resident, not a citizen?
You may still qualify for a VAWA self-petition if your abusive spouse, parent, or in some cases adult child is a lawful permanent resident. The requirements differ slightly depending on the abuser's status. An attorney can explain how your specific relationship affects your case.
Can a U-visa or VAWA lead to a green card?
Yes, both paths can eventually lead to lawful permanent residence if you meet the requirements and complete the necessary steps. The timeline and conditions differ between the two. An attorney can map out the road ahead for you.
What kind of proof do I need for a VAWA self-petition?
Helpful evidence can include your own statement, proof of the qualifying relationship, evidence that your abuser is a citizen or resident, and documentation of the abuse such as records or letters. Abuse can be physical or emotional, and many types of evidence are accepted. Your attorney can help you gather what is most persuasive.
Is there a fee to apply for a U-visa or VAWA?
Some immigration applications have fees while others may qualify for a fee waiver depending on your circumstances. Cost should not stop you from exploring your options. An attorney can explain what applies to your case.
What is a U-visa certification and how do I get one?
A U-visa case generally requires a certification signed by a qualifying law enforcement or other authorized agency confirming your helpfulness. Obtaining this certification is an important step, and agencies handle requests differently. An attorney can help you request and submit it.
Can I include my children in my U-visa or VAWA case?
In many cases you can include certain family members, such as your children, and sometimes other relatives depending on your age and situation. This can help keep your family together and safe. Your attorney can explain exactly who may be included.
How long does a U-visa case take?
U-visa processing can take a long time due to high demand and annual limits. While you wait, there may be interim protections available. Your attorney can help you understand your status during the wait.
Will my abuser find out if I file for VAWA?
The law is designed to protect your privacy, and the government is restricted from disclosing information about your case to your abuser. You do not need to notify your abuser or ask for their cooperation. If you have safety concerns, share them with your attorney.
Do I still qualify if the abuse was emotional and not physical?
Yes. VAWA recognizes that abuse can include emotional and psychological cruelty, not only physical violence. Patterns of control, threats, and coercion may support your case. An attorney can help you describe and document what you experienced.
Can a notario or notary handle my U-visa or VAWA case?
No. Only a licensed attorney or an accredited representative can give you legal advice and properly represent you — a notary or notario cannot. Using someone unqualified can put your case and your safety at risk. It is safer to work with a trusted, licensed professional.
What if I am no longer married to my abuser?
You may still be able to file a VAWA self-petition even if your marriage has ended, depending on the timing and circumstances of the divorce. Ending the relationship does not automatically close the door. An attorney can review the details and explain your options.
This is federal law — but where you are still matters
What is on this page applies the same way in every state. Which office and court handle your case, how detention works where you are, and how far local police cooperate with immigration enforcement are not the same across California, Arizona and New Mexico. Pick your state for that.