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U Visa and VAWA Green Card Lawyer in Utah
If you have U visa status, or a family member who is a U.S. citizen or green card holder has abused you, you may be able to apply for a green card on your own. I help people in Utah, and anywhere in the U.S. by Zoom or phone, with U visa green cards and VAWA self-petitions. We speak Spanish.
U Visa and VAWA Green Cards with Attorney Linh Tran-Layton
U visa cases were some of the first cases I handled when I started practicing immigration law in 2009. Most of my VAWA and U visa cases involve domestic violence, and I also help survivors of sexual assault. Many of my VAWA clients have had an abuser who used their lack of immigration status as another way to control them. The U visa and VAWA processes allow you to apply for immigration benefits without the person who hurt you knowing or taking part.
One thing to know up front: I no longer take first-time U visa petitions. However, if you already have U visa status, I can help you apply for your green card.
Green Card for U Visa Holders
After you have held U visa status for at least three years, you can apply for a green card (Form I-485) from inside the U.S. USCIS lists these requirements:
- You were admitted in U status and you are still in U status when you file.
- You have been physically present in the U.S. for at least three years in a row since you were admitted in U status.
- You have not unreasonably refused to help law enforcement with the investigation or prosecution of the crime since you got U status.
- Your staying in the U.S. is justified on humanitarian grounds, to keep your family together, or because it is in the public interest.
U status usually lasts four years, so timing matters. We plan your green card filing well before your status runs out.
Trips outside the U.S.
Travel can break the three-year count. If you were outside the U.S. for more than 90 days on one trip, or more than 180 days in total, that could make you ineligible to apply for a green card. However, there may be a way to still apply for a green card in those situations. Once your I-485 is filed, leaving the U.S. without a travel permit (advance parole) means you give up your I-485 application.
Your family members
Family members who have their own U status (U-2 through U-5) can file their own green card applications. They can file before or after you, or even if you never file, but they must meet certain requirements to be able to file for a green card. Close family members who never had U status (your spouse, your unmarried children under 21, or your parents if you are under 21) may be able to be added later when you apply for your green card.
Past immigration or criminal history
U visa holders generally do not have to prove they are “admissible” the way most green card applicants do, but USCIS still looks at your full history and decides whether to approve the case. When there is something negative in your past, we gather evidence of the positive side, such as your family ties, how long you have lived here, and the hardship you would face.
Green Card Through VAWA
The Violence Against Women Act protects men and women. It lets you petition for yourself (Form I-360) without your abuser’s knowledge or consent if you were subjected to battery or extreme cruelty by:
- a U.S. citizen or green card holder spouse or former spouse
- a U.S. citizen or green card holder parent
- a U.S. citizen son or daughter who is 21 or older
What you need to show
- The family relationship. If you are divorced, the divorce must be within two years before you file, and connected to the abuse.
- The abuse (battery or extreme cruelty) during that relationship. A spouse may also file if the abuser hurt their child.
- That you live with, or have lived with, the abuser.
- Good moral character.
- For spouses: that you married in good faith.
You can include your unmarried children under 21 on your petition. Parents who file because of an abusive adult son or daughter cannot include children.
For more detail, see my post Obtaining a Green Card Under VAWA.
VAWA and your green card application
If your abuser is a U.S. citizen, you can usually file your green card application (I-485) together with your I-360. If your abuser is a green card holder, you may need to wait for a visa to become available before you file the green card application.
VAWA applicants do not face the usual bars to getting a green card inside the U.S. Entering without inspection and the public charge rule do not count against you. Other grounds can still apply, and some of them need a waiver. See our immigration waivers page for how waivers work.
If your abuser already filed a family petition for you and your green card application is pending, you may be able to switch that case over to VAWA instead of starting from zero.
Your privacy and safety
Your VAWA or U visa case is confidential under federal law. USCIS can share your information only in very limited situations, and it cannot deny your case based only on information from your abuser. You can give USCIS a safe mailing address where you do not live.
If you are in danger now, call the National Domestic Violence Hotline at 800-799-7233 (TTY 800-787-3224).
VAWA or U Visa: Which Fits?
With VAWA, the abuser must be your U.S. citizen or green card holder spouse, parent, or adult child. With a U visa, the person who committed the crime can be anyone, and law enforcement has to certify that you helped them in the investigation of the crime.
Some people qualify for both. If you qualify for VAWA, it is usually the better path, because the wait for a green card is much shorter than through a U visa. However, some people who qualify for VAWA may not be eligible to apply for a green card based on their immigration history and/or criminal history. In those situations, it’s best to speak to an immigration attorney, like myself, to discuss what options you have.
Common Questions About U Visa and VAWA Green Cards
How long do I need U visa status before I can apply for a green card?
At least three years of continuous physical presence in the U.S. since you were admitted in U status. You also need to still be in U status when you file.
Can I apply for a VAWA green card if I divorced my abuser?
Yes, if you file within two years of the divorce and the divorce was connected to the abuse.
Does VAWA only help women?
No. VAWA protects men and women, including spouses, children and parents of U.S. citizens, and spouses and children of green card holders.
Will my abuser find out I applied?
VAWA lets you file without your abuser’s knowledge or consent, and federal law keeps your case confidential. Use a safe mailing address if receiving mail at your home is not safe.
Can I get a work permit?
Yes. VAWA self-petitioners can apply for a work permit once the I-360 is approved. U visa holders who have filed for a green card can apply for a work permit while the application is pending.
Do you take first-time U visa cases?
No. I only help people who already have U visa status apply for a green card.
Other Steps in Your Case
- Adjustment of status (the green card application)
- Immigration waivers
- Family-based green cards
- U.S. citizenship, the step after your green card
Schedule a Consultation
Every U visa and VAWA case depends on the details: your dates, your travel, your history and your family. A consultation is the place to go over all this information before anything gets filed. I meet with clients in person at our South Jordan office or by Zoom or phone.
