A person does not have to bear physical or psychological abuse for fear of being deported or arrested. Instead, he or she should seek professional help immediately. The Violence Against Women Act (VAWA) provides that the spouse or child under 21 years of age of an American citizen or legal permanent resident and/or the parent of an American citizen who has been subjected to abuse or extreme cruelty can file a petition on their behalf to obtain permanent residence. Additionally, if an individual has been a victim of physical or psychological abuse, sexual abuse, human trafficking crime, or another type of qualifying crime, the person may qualify for protection under a U or T visa. These may also lead to obtaining the home.
The Violence Against Women Act provides that the spouse or children under the age of 21 of a U.S. citizen or legal permanent resident and/or a parent of a U.S. citizen who has been subject to abuse (physical or emotional) or subjected to extreme cruelty may file a self-petition to obtain permanent legal residence in the United States. In the case of victims of abuse by a U.S. citizen or legal permanent resident spouse, the law allows the victim to file the petition within two years after the end of the marriage if there is a connection between the end of the marriage and the abuse.
U Visas: U status benefits victims of certain crimes who have suffered physical or mental abuse and have cooperated with law enforcement agencies and government officials in the investigation and/or prosecution of criminal activity in the United States. Foreign nationals who are approved for U status are eligible to obtain employment authorization and certain federal and state benefits and services and may qualify to adjust their status and obtain legal permanent residency.
Visas T: T status is a temporary immigration benefit that allows some victims of human trafficking to remain in the United States for up to 4 years if they have cooperated with law enforcement agencies in an investigation or prosecution of human trafficking. T nonimmigrant status is also available to some eligible family members of victims of human trafficking. T nonimmigrants are eligible for employment authorization and for certain federal and state benefits and services, as well as they may be eligible to adjust their status and obtain legal permanent residence or a green card.
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