The U.S. immigration system offers two important pathways to legal status for victims of crimes and domestic violence: the U Visa and the Violence Against Women Act (VAWA) petition. These programs protect individuals—regardless of gender—who have suffered abuse or qualifying crimes while in the United States and are assisting law enforcement.
What Is the Difference Between a U Visa and VAWA?
U Visa Overview
The U Visa provides temporary immigration status to victims of certain crimes who have experienced mental or physical abuse and are willing to assist law enforcement or government officials in the investigation or prosecution of criminal activity. Key points about the U Visa:
Available even if you are undocumented
Physical presence in the U.S. is required
The abuser’s immigration status does not matter
After three years of U Visa status, recipients may apply for permanent residence (green card)
VAWA Overview
The VAWA self-petition allows victims of domestic violence to apply for permanent residence without needing sponsorship from their abusive U.S. citizen or lawful permanent resident spouse, parent, or child. Key points about VAWA:
Available even if you are undocumented
Physical presence in the U.S. is required
The abuser must be a U.S. citizen or lawful permanent resident
Applicants must prove a close family relationship to the abuser
Successful applicants can immediately receive green cards and later apply for citizenship
Requirements for a U Visa
To apply for a U Visa, you must:
Submit Form I-918, Supplement B, signed by a law enforcement agency
Prove you were a victim of a qualifying crime committed in the U.S.
Provide official police reports or court documents as evidence
Qualifying crimes include (but are not limited to):
abduction, rape, domestic violence, aggravated assault, blackmail, false imprisonment, hostage situations, incest, involuntary servitude, kidnapping, prostitution, sexual exploitation, slave trade, stalking, and human trafficking.
Requirements for a VAWA Petition
To apply for VAWA protection, you must:
Submit a Self-Petition (Form I-360)
Show that you were a victim of battery or extreme cruelty by a qualifying relative (spouse, former spouse, parent, son, or daughter)
Provide evidence of a valid marriage or a good-faith belief in your marriage (if applicable)
Show that you resided with the abuser
Demonstrate good moral character
Conclusion: Get Help with Your U Visa or VAWA Application
If you have been a victim of crime or domestic violence while in the U.S., it’s important to know you have options—and you don’t need to stay in an abusive situation to apply. Whether your qualifying relative is supportive or not, Martinez Immigration can help you navigate the U Visa or VAWA application process. Our experienced immigration attorney can explain your options and fight for your safety and future.
