Recent news regarding changes in Immigration and Customs Enforcement (ICE) guidance has understandably caused concern among our clients and the immigrant community. We want to address these concerns directly, particularly as they relate to the Violence Against Women Act (VAWA) self-petition, U visa, and T visa programs.
Rest assured that these bipartisan protections were created by Congress and the current administration cannot unilaterally take them away.
The immigration attorneys at Pelton + Balducci understand the challenges individuals may face when dealing with U, T, and VAWA visas in Louisiana and the uncertainty of recent changes in the administration in the United States. Our experience assisting clients through these processes has given us a deep understanding of the details of these protections and how they can offer a path to a more secure future. We’re here to provide clarity and support during these uncertain times.
Are U Visas, T Visas, and VAWA Self-Petition Protections Ending?
Immigration and deportation are at the forefront of many people’s minds right now, especially for victims of crime seeking safety and legal status in the United States. There is a lot of uncertainty surrounding the status of certain visas with the current Trump administration, with many rumors circulating that U visas, T visas, and VAWA self-petitions will be canceled.
Despite misinformation and fear tactics being spread on social media, these programs have NOT been canceled and will not be ending. These programs, designed to protect victims of specific crimes, are rooted in Congressional legislation and cannot be completely dismantled by the current administration.
These programs continue to offer vital pathways to safety and legal status for survivors of domestic violence, sexual assault, human trafficking, and other qualifying crimes.
Understanding U Visas in Louisiana
The U visa is designed to protect victims of certain criminal activities. These types of visas can also be helpful to law enforcement and government officials in the investigation or prosecution of that criminal activity by allowing the victim to stay in the United States. The U visa provides temporary immigration status for up to four years, and may lead to lawful permanent resident status (also known as a green card) for those who obtain one.
Individuals can typically apply for a U visa if they are:
- Victims of domestic violence, sexual assault, hate crimes, human trafficking, and involuntary servitude
- Victims who have suffered substantial mental or physical abuse
- Victims of workplace-related crimes
An experienced immigration attorney can help you understand your options and determine which visa is best for you and your situation.
What Is the Purpose of a T Visa?
The T visa is specifically designed for victims of severe forms of human trafficking. This visa provides temporary immigration status for up to four years and can also lead to lawful permanent resident status.
To qualify for a T visa, the victim must:
- Be a victim of a severe form of trafficking as defined by U.S. law. This includes sex trafficking, labor trafficking, and other forms of modern-day slavery.
- Comply with any reasonable request from law enforcement to investigate or prosecute acts of trafficking or related crimes. In certain circumstances, the compliance requirement may be waived.
Several additional factors are considered when determining eligibility for a T visa, including the age of the victim, the nature of the trafficking, and the victim’s cooperation with law enforcement.
The attorneys at Pelton + Balducci have experience in assisting individuals seeking asylum in the United States and can help you build a strong case to demonstrate your eligibility for a T visa.
What is VAWA and How Can It Help People in Louisiana?
VAWA provides immigration protections for victims of domestic violence at the hands of a U.S. citizen or lawful permanent resident spouse, parent, or adult child. VAWA allows victims to self-petition for immigration status without the abuser’s involvement.
In order to self-petition for status under VAWA:
- The victim must have experienced battery or extreme cruelty from a U.S. citizen or lawful permanent resident spouse, parent, or adult child.
- In most cases, the victim must have resided with their abuser in the United States.
Other factors are also considered, such as the victim’s good moral character and the impact of deportation on the victim and their children.
Navigating VAWA requirements can be confusing, especially when you are focusing on keeping you and your family safe. The attorneys at Pelton + Balducci can help you gather the necessary evidence and present a compelling case to USCIS.
Contact The Louisiana Immigration Lawyers at Pelton + Balducci Today
If you are a victim of crime seeking a U visa, T visa, or VAWA protection, contact Pelton + Balducci today for a consultation. Don’t face this challenging journey alone. We are here to help you navigate the complexities of ever-changing immigration laws and work toward a secure and stable future.
