Help with Legal Cases: Immigration remedies
There are several types of immigration remedies available to immigrant victims of crime, where “remedy” simply means a remedy to deportation, that is, that the person acquires some sort of authorization to be in the US. (Another common term is “immigration relief,” which, similarly, means relief from deportation.)
Some immigration remedies are specific to survivors of domestic and sexual violence:
- The Violence Against Women Act (VAWA), first enacted in 1994, created immigration protections (the VAWA self-petition) for some immigrant spouses, children, and parents abused by U.S. citizens and lawful permanent residents.
- The Victims of Trafficking and Victim Protection Act of 2000 created the U-visa program for victims of specific crimes. A U-visa is a nonimmigrant (temporary status) visa given to victims of qualifying crimes, which include but are not limited to sexual assault, stalking, and domestic violence.
There are other forms of immigration relief that may be accessible to immigrant survivors of domestic and sexual violence. These include, but are not limited to:
- Family-based immigration
- Employment visas
- Deferred Action for Childhood Arrivals (DACA)