If you have been a victim of abuse, trafficking, or a serious crime, U.S. immigration law has specific protections in place for people in your situation. A humanitarian visa lawyer in Durham can tell you whether you qualify for one of those protections and what the process involves.
Humanitarian visas are not widely advertised, and many people who qualify never apply because they do not know the option exists. Others are afraid to come forward because of their immigration status or fear of retaliation.
At Mendoza Law, we handle these cases with care and confidentiality. Your immigration status does not disqualify you from applying, and speaking with a lawyer does not put you at risk. Schedule a free consultation with a Durham immigration lawyer today.
What Is a Humanitarian Visa?
A humanitarian visa is a broad term for a category of immigration benefits available to people who have experienced serious harm or are in vulnerable situations. The most common humanitarian visas in U.S. immigration law are the U visa, the T visa, and VAWA self-petitions.
Each of these has different eligibility requirements, different application processes, and different outcomes. What they share is that they exist specifically to protect people who have been harmed, and to give them a path to legal status in the United States.
Knowing which option applies to your situation is the first step. A Durham humanitarian visa lawyer reviews the specific facts of what happened to you and matches them to the correct legal category.
The U Visa
The U visa is available to immigrants who were victims of certain qualifying crimes in the United States and who cooperated—or are willing to cooperate—with law enforcement in the investigation or prosecution of that crime.
Qualifying crimes include physical assault, sexual assault, domestic violence, kidnapping, extortion, fraud in foreign labor contracting, and a number of other serious offenses. The full list is defined by federal law under 8 U.S.C. § 1101(a)(15)(U).
To apply for a U visa, you need a certification from a law enforcement agency, such as a police department, prosecutor’s office, or federal agency, confirming that you were a victim and that you have been, are being, or are likely to be helpful in the investigation or prosecution. This certification is filed on Form I-918B.
The U visa provides temporary legal status for up to four years and includes work authorization. After three years of continuous presence in the U.S. on a U visa, you may be eligible to apply for a green card.
USCIS currently has a cap of 10,000 U visas per year. Because demand exceeds that cap, approved applicants are often placed on a waiting list and granted deferred action and work authorization while they wait for a visa number to become available.
The T Visa
The T visa is available to survivors of human trafficking, both labor trafficking and sex trafficking. It provides legal status and work authorization, and it does not require the victim to have entered the U.S. legally.
To qualify, you must show that you are or were a victim of a severe form of trafficking, that you are physically present in the U.S. as a result of that trafficking, and that you have complied with any reasonable requests from law enforcement or that you are under 18, in which case law enforcement cooperation is not required.
Trafficking does not always look the way people expect. It can involve a person being forced to work in a home, a restaurant, a farm, or a factory under threat or coercion. It can also involve a person being controlled through debt, document confiscation, or threats against family members. If any of those situations apply to you, a T visa may be an option worth exploring.
The T visa provides status for up to four years and includes work authorization. After three years, T visa holders may be eligible to apply for a green card.
VAWA
The Violence Against Women Act, known as VAWA, allows certain immigrants who have been abused by a U.S. citizen or lawful permanent resident spouse, parent, or child to apply for legal status on their own, without the abuser’s knowledge or involvement.
This matters because many abuse survivors in immigrant communities are afraid to seek help because their immigration status depends on their abuser. VAWA removes that dependency. You do not need the abuser to file a petition for you, and the abuser is not notified when you apply.
To qualify under VAWA, you must show that you have been subjected to battery or extreme cruelty by a qualifying family member, that you lived with that person, and that you are a person of good moral character. The application is filed directly with USCIS on Form I-360.
VAWA protections apply to both women and men. The name of the law reflects its origins, but the protections it provides are not limited by gender.
Confidentiality in Humanitarian Visa Cases
One of the most important things to know about humanitarian visa applications is that they are confidential. USCIS is prohibited by law from disclosing information about a VAWA self-petition, U visa, or T visa application to the abuser, trafficker, or anyone else who could use that information against you.
This means that applying does not alert the person who harmed you. It does not trigger a report to ICE based on your immigration status. And it does not put your family members at risk simply because you came forward.
At Mendoza Law, our humanitarian visa attorneys in Durham understand that the decision to apply can feel frightening. We handle these cases with discretion and make sure you understand exactly what the process involves before anything is filed.
Your Immigration Status and Your Eligibility
A common concern among people who may qualify for humanitarian visa protections is that their current immigration status will disqualify them. In most cases, it does not.
The U visa, T visa, and VAWA self-petition are all available to people regardless of how they entered the United States or what their current immigration status is. These protections were specifically designed to be accessible to people who may be undocumented, because requiring legal status as a condition of applying would defeat the purpose of the protection.
What matters is the facts of what happened to you, not your immigration history. A Durham humanitarian lawyer will review those facts and tell you honestly whether you qualify and what the process would involve.
What the Application Process Looks Like
Each humanitarian visa has its own application process, but they share some common steps. In general, you can expect the process to involve:
- A review of your situation to identify which visa or protection applies
- Gathering documentation that supports your case, such as police reports, medical records, court documents, or statements from witnesses
- Obtaining any required certifications from law enforcement or other agencies
- Preparing and filing the application with USCIS
- Responding to any requests for additional evidence
- Attending any required interviews or appointments
The timeline varies depending on the type of application and current USCIS processing times. U visa cases in particular can take several years due to the annual cap and waiting list. A lawyer keeps you informed throughout the process and handles any complications that come up.
Contact a Humanitarian Visa Lawyer in Durham Today
If you or someone you know may qualify for a U visa, T visa, or VAWA protection in Durham, contact Mendoza Law today. A humanitarian visa attorney in Durham can review your situation and tell you clearly what your options are. Schedule a free consultation today.