If you are a victim of sexual or violent crime please do not hesitate to report this to the police, even if you do not have legal status in the United States.
The person (i.e., your spouse or significant other) will try and convince you that by going to the authorities you will be deported.
Do not believe them!!! The US government has special programs available to help you.
One program falls under:
- U-Visa
Another falls under:
- The Violence Against Women Act (VAWA) (Which also includes men who are victims of domestic violence).
U-Visa:
There are certain crimes such as: domestic assault, sexual assault, abduction, blackmail, extortion, false imprisonment, felonious assault, female genital mutilation, hostage, incest, involuntary servitude, kidnapping, manslaughter, murder, obstruction of justice, peonage, perjury, prostitution, sexual exploitation, slave trade, torture, trafficking, unlawful criminal restraint, witness tampering, or attempt or conspiracy to commit any of the above.
If you are a victim of any of the above, you may qualify for the U-visa.
To qualify you must show:
- You have suffered substantial physical or mental abuse as a result;
- You possess credible and reliable information establishing that you have knowledge of details of the criminal activity;
- You have been helpful, or can be helpful to the police in investigating the incident; and
- The criminal incident must have occurred in the United States.
As a victim you must show you received direct harm from the crime.
If you are a witness to the crime you may qualify if you have suffered an adverse reaction.
Indirect victims may also qualify for U-Visa benefits. Indirect victims include parents where the victim was under 21 as well as siblings under 18 years old, spouses, and children (under age 21 at the time of incident) of the victim.
VAWA:
You may qualify for Lawful Permanent Resident (LPR) status if you are a victim of domestic violence and:
- You are married to an abusive U.S. Citizen or LPR;
- You are otherwise eligible for an immigrant visa based on your marriage;
- You are currently residing in the U.S., or have resided in the U.S. and were living with your spouse;
- You have been battered or have been subjected to extreme cruelty at the hands of your spouse; or you are the parent of a child who has been battered by or has been subjected to extreme cruelty at the hands of your abusive spouse while you lived with her/him;
- You are person of good moral character;
- If you were removed or deported from the U.S. it would result in extreme hardship to you or your child; and
- You married your spouse in good faith.
For more information relating to victims of crime and domestic violence, please see our Criminal Defense Page.