1. What is domestic violence and what are the different types of abuse?

Domestic violence refers to a pattern of abusive behavior used by one partner in an intimate relationship to gain or maintain power and control over the other partner. The different types of abuse experienced in domestic violence situations include:

1. Physical Abuse: This involves hitting, kicking, punching, or any form of physical harm inflicted on the victim.
2. Emotional Abuse: This includes behaviors such as verbal attacks, intimidation, isolation, and manipulation aimed at undermining the victim’s self-worth and confidence.
3. Sexual Abuse: This form of abuse involves any unwanted sexual contact or behavior inflicted on the victim.
4. Financial Abuse: This occurs when the abuser controls the victim’s finances, restricts access to resources, or exploits the victim financially.
5. Psychological Abuse: This involves tactics such as gaslighting, threats, and coercion aimed at causing emotional harm to the victim.

Each type of abuse can have devastating effects on the victim’s physical, emotional, and psychological well-being. It is crucial for individuals experiencing domestic violence to seek help and support to ensure their safety and well-being.

2. How can someone in an abusive relationship protect themselves and their children?

1. If someone is in an abusive relationship and seeking to protect themselves and their children, there are several steps they can take:

First and foremost, it is important to create a safety plan. This may involve identifying a safe place to go in case of emergency, such as a trusted friend or family member’s house or a domestic violence shelter. It is also crucial to have important documents such as identification, birth certificates, immigration papers, and any relevant legal documents safely stored or easily accessible.

2. Seek help from domestic violence resources such as hotlines, shelters, and counseling services. These organizations can provide support, information, and resources to help individuals and their children safely leave an abusive situation.

3. Explore legal options such as obtaining a protective order or restraining order against the abuser. These legal measures can help prevent further abuse and provide a legal recourse if the abuser violates the terms of the order. Additionally, individuals in abusive relationships may be eligible for a U-Visa or T-Visa if they are undocumented immigrants and have been the victim of a crime, including domestic violence.

4. Document any incidents of abuse, including taking photos of injuries, saving threatening messages or voicemails, and keeping a written record of dates and times of abusive incidents. This documentation can be important if legal action is necessary.

5. Finally, it is crucial to prioritize safety for oneself and one’s children. Trust your instincts and reach out for help from professionals and support networks to ensure a secure and stable environment for you and your children.

3. What are the eligibility requirements for a U-Visa and a T-Visa?

1. U-Visa Eligibility Requirements:
To be eligible for a U-Visa, a victim of a qualifying crime must meet the following criteria:
– The individual must have suffered substantial physical or mental abuse as a result of being a victim of a qualifying criminal activity.
– The victim must have information about the crime and be willing to assist law enforcement in the investigation or prosecution of the crime.
– The crime must have occurred in the United States or violated U.S. laws.
– The victim must be admissible to the United States or eligible for a waiver of inadmissibility.

2. T-Visa Eligibility Requirements:
To qualify for a T-Visa, a victim of human trafficking must meet the following requirements:
– The individual must be a victim of a severe form of trafficking in persons, including sex trafficking, labor trafficking, or trafficking for the purpose of slavery.
– The victim must be physically present in the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or a port of entry as a direct result of trafficking.
– The victim must comply with any reasonable request for assistance in the investigation or prosecution of human trafficking (unless under the age of 18 or unable to cooperate due to physical or psychological trauma).
– The victim would suffer extreme hardship involving unusual and severe harm upon removal from the United States.

Both U-Visas and T-Visas provide legal protections and pathways to lawful status for immigrant victims of certain crimes or human trafficking. It is essential for individuals seeking these visas to consult with a knowledgeable immigration attorney or accredited representative to assess their eligibility and navigate the application process successfully.

4. How can a victim of domestic violence apply for a U-Visa or T-Visa in Kansas?

1. Victims of domestic violence in Kansas can apply for a U-Visa or T-Visa by following specific steps outlined by the U.S. Citizenship and Immigration Services (USCIS). To apply for a U-Visa, victims must first obtain certification Form I-918B from a qualifying law enforcement agency, prosecutor, or judge to demonstrate their cooperation in the investigation and prosecution of the crime. They must then submit Form I-918, along with supporting documents, to USCIS. For a T-Visa, victims need to obtain a law enforcement certification from a designated agency or organization to show that they are a victim of trafficking and are assisting in the investigation or prosecution of the crime. The victim must submit Form I-914, along with required evidence, to USCIS.

2. It is essential for victims to seek assistance from a qualified immigration attorney or a domestic violence advocate who is experienced in handling U-Visa and T-Visa cases. These professionals can provide guidance on the application process, help gather necessary documentation, and represent the victim throughout the legal proceedings.

3. Victims of domestic violence in Kansas can also reach out to local organizations and resources that specialize in assisting immigrant victims of domestic violence. These organizations can provide support, legal advice, and referrals to relevant services to help victims navigate the visa application process successfully.

4. Additionally, it is crucial for victims to prioritize their safety and well-being throughout the visa application process. Seeking support from domestic violence shelters, hotlines, and counseling services can help victims address their immediate needs and access resources to rebuild their lives free from abuse.

5. What are the benefits of obtaining a U-Visa or T-Visa for victims of domestic violence?

Obtaining a U-Visa or T-Visa can provide numerous benefits for victims of domestic violence who are either green card holders or undocumented immigrants:

1. Legal Status: One of the primary benefits of obtaining a U-Visa or T-Visa is the opportunity to obtain legal status in the United States. This can provide a sense of security and stability for survivors of domestic violence.

2. Protection from Deportation: With a U-Visa or T-Visa, individuals are protected from deportation and can remain in the country legally, allowing them to rebuild their lives without fear of being removed from the country.

3. Work Authorization: Both U-Visa and T-Visa holders are eligible to apply for work authorization, enabling them to seek employment legally in the United States and support themselves financially.

4. Path to Permanent Residency: In certain circumstances, individuals with U-Visas or T-Visas may be eligible to apply for lawful permanent residency (green card) in the future, providing a pathway to long-term stability in the United States.

5. Access to Services: U-Visa and T-Visa holders may also have access to important services and benefits to support their recovery from domestic violence, including access to healthcare, counseling, and other forms of assistance.

Overall, obtaining a U-Visa or T-Visa can offer crucial legal protections, support, and opportunities for survivors of domestic violence, helping them to move forward with their lives in a safe and secure environment.

6. Can a green card holder apply for a U-Visa or T-Visa?

Yes, a green card holder can apply for a U-Visa or T-Visa under certain circumstances. Here is some important information to consider:

1. U-Visa: Green card holders are eligible to apply for a U-Visa if they have been a victim of a qualifying crime in the United States, have suffered mental or physical abuse as a result of the crime, and are willing to assist law enforcement in the investigation or prosecution of the crime. While having a green card does not disqualify someone from applying for a U-Visa, it is important to note that having a U-Visa does not automatically grant legal permanent residency.

2. T-Visa: Green card holders are also eligible to apply for a T-Visa if they are a victim of human trafficking and have been physically present in the United States on account of human trafficking. Similar to the U-Visa, holding a green card does not prevent someone from applying for a T-Visa. If approved, the T-Visa allows for temporary legal status in the U.S. and the possibility of applying for a green card in the future.

It is recommended that individuals consult with an experienced immigration attorney or a qualified legal service provider for guidance on the eligibility requirements and the application process for U-Visas and T-Visas as a green card holder.

7. Can undocumented immigrants apply for a U-Visa or T-Visa?

Yes, undocumented immigrants are eligible to apply for U-Visas and T-Visas if they meet the specific criteria set forth by the U.S. Citizenship and Immigration Services (USCIS). Here are some key points to consider:

1. U-Visas: Undocumented immigrants who are victims of certain crimes, have suffered mental or physical abuse as a result of the crime, and have been helpful to law enforcement in the investigation or prosecution of the crime may be eligible for a U-Visa. This visa provides temporary legal status and work authorization for the victim and certain qualifying family members.

2. T-Visas: Undocumented immigrants who are victims of human trafficking, have complied with reasonable requests for assistance in the investigation or prosecution of human trafficking, and would suffer extreme hardship involving unusual and severe harm if removed from the United States may be eligible for a T-Visa. This visa also provides temporary legal status and work authorization for the victim and certain qualifying family members.

It is crucial for undocumented immigrants seeking protection under U-Visa or T-Visa programs to consult with a qualified immigration attorney or a recognized nonprofit organization specializing in immigration law to assess their individual circumstances and determine the best course of action.

8. What documentation is needed to support a U-Visa or T-Visa application?

Documentation needed to support a U-Visa or T-Visa application includes:

1. Form I-918 Supplement B, which is a certification form signed by a law enforcement agency confirming the victim’s cooperation in the investigation or prosecution of the qualifying crime.

2. Evidence of the qualifying crime, such as police reports, court documents, restraining orders, and other supporting documentation to demonstrate that the applicant was a victim of a qualifying crime and suffered physical or mental abuse as a result.

3. Personal statements or affidavits detailing the circumstances of the crime, the abuse suffered, and the impact it has had on the victim’s life.

4. Medical records or psychological evaluations supporting the physical or mental abuse suffered by the victim as a result of the qualifying crime.

5. Any additional evidence that can corroborate the victim’s story, such as witness statements, photographs, or other relevant documentation.

It is crucial to gather as much evidence as possible to support a U-Visa or T-Visa application, as these visas are designed to protect and provide relief to victims of crimes who have suffered abuse and are willing to assist law enforcement in the investigation or prosecution of the crime. Working with an experienced immigration attorney or advocate can help ensure that the application is prepared accurately and includes all necessary documentation to support the case.

9. Are there any resources in Kansas that provide legal assistance for victims of domestic violence seeking a U-Visa or T-Visa?

Yes, there are organizations in Kansas that offer legal assistance for victims of domestic violence who are seeking U-Visas or T-Visas. Some of these resources include:

1. Kansas Legal Services (KLS): KLS is a non-profit organization that provides free legal services to low-income individuals, including survivors of domestic violence. They may have attorneys who are experienced in handling U-Visa and T-Visa cases.

2. Kansas Coalition Against Sexual and Domestic Violence (KCSDV): KCSDV is a statewide coalition of member programs and allies who provide services to victims of domestic violence, sexual assault, and stalking. They often work closely with legal service providers to assist survivors in applying for U-Visas or T-Visas.

3. Local domestic violence shelters and advocacy organizations: Many local shelters and advocacy organizations have partnerships with legal service providers or may have staff members who are knowledgeable about immigration options for survivors of domestic violence.

It is important for victims of domestic violence who are seeking immigration relief to reach out to these organizations for support and guidance in navigating the U-Visa or T-Visa application process.

10. How long does the U-Visa and T-Visa application process take?

The application process for U-Visas and T-Visas can vary in terms of length, as it depends on several factors including the complexity of the case, the volume of applications being processed by USCIS, and whether any additional evidence or information is requested. On average, the processing time for U-Visas and T-Visas can take anywhere from several months to a few years. Some factors that can impact the processing time include:

1. Case Complexity: If your case involves complicated legal issues or requires extensive documentation, it may take longer for USCIS to review and make a decision on your application.

2. Backlog: USCIS may have a backlog of visa applications which can lead to delays in processing times.

3. Requests for Evidence (RFEs): If USCIS requests additional evidence or information to support your application, this can prolong the processing time as you gather and submit the required documents.

It is important for applicants to stay informed about their case status and to respond promptly to any requests from USCIS to help expedite the process as much as possible.

11. Can a U-Visa or T-Visa holder apply for a green card?

Yes, both U-Visa and T-Visa holders are eligible to apply for a green card, also known as lawful permanent residence, under certain circumstances. Here are some key points to consider:

1. U-Visa holders: Individuals who hold a U-Visa as victims of crime and have met the eligibility requirements may be eligible to apply for a green card after three years of continuous U-Visa status, provided they meet additional criteria.

2. T-Visa holders: Similarly, T-Visa holders who have been granted T nonimmigrant status as victims of human trafficking may also be eligible to apply for a green card after three years of continuous T-Visa status.

3. Both U-Visa and T-Visa holders seeking a green card will need to meet all the eligibility requirements for green card application, including admissibility requirements and other criteria specified by the U.S. Citizenship and Immigration Services (USCIS).

4. It is important to consult with an experienced immigration attorney or accredited representative to assist with the green card application process, as each case is unique and may require specific documentation and evidence to support the application.

5. Additionally, individuals with U-Visas or T-Visas should be aware of the potential impact of applying for a green card on their immigration status and consult with legal experts to understand the implications and potential risks involved in the process.

Overall, while U-Visa and T-Visa holders may be eligible to apply for a green card, it is crucial to seek professional guidance to navigate the complex immigration process effectively and maximize the chances of a successful outcome.

12. What are the rights and protections available to U-Visa and T-Visa holders in Kansas?

U-Visa and T-Visa holders in Kansas are entitled to certain rights and protections. These visas are available to victims of certain crimes who have suffered mental or physical abuse and are helpful for immigrant survivors of domestic violence, human trafficking, sexual assault, and other crimes. In Kansas, U-Visa and T-Visa holders have the following rights and protections:

1. Immigration Relief: U-Visa and T-Visa holders are granted temporary legal status in the United States, allowing them to live and work in the country for a specified period.

2. Protection from Removal: U-Visa and T-Visa holders are protected from deportation while their visas are valid.

3. Ability to Apply for Lawful Permanent Residence (Green Card): After holding a U-Visa or T-Visa for a certain period, holders may be eligible to apply for lawful permanent residence, commonly known as a Green Card.

4. Access to Services: U-Visa and T-Visa holders may be eligible for certain services and benefits to assist them in their recovery from the crimes they have experienced.

5. Eligibility for Family Members: U-Visa and T-Visa holders may be able to include certain family members in their visa applications or apply for derivative visas for qualifying family members.

It is important for U-Visa and T-Visa holders in Kansas to understand and assert their rights to ensure they receive the protections and benefits they are entitled to under the law.

13. Can a victim of domestic violence apply for a U-Visa or T-Visa if they have a criminal record?

Yes, a victim of domestic violence can still apply for a U-Visa or T-Visa even if they have a criminal record. It is important to note that having a criminal record does not automatically disqualify an individual from obtaining a U-Visa or T-Visa. However, the nature and severity of the criminal record can affect the application process and outcome. In some cases, certain criminal convictions may raise concerns during the evaluation of the visa application. It is crucial for individuals with criminal records to seek guidance from legal professionals or advocates specializing in immigration law to assess their specific situation and determine the best course of action.

14. Are there any fees associated with applying for a U-Visa or T-Visa?

Yes, there are fees associated with applying for a U-Visa or T-Visa, but they may be waived for applicants who are unable to pay. The current fee for the U-Visa application is $705, which includes the form filing fee and an additional fee for biometric services. For the T-Visa application, the fee is the same. However, it’s important to note the following:

1. Fee Waiver: If the applicant is unable to afford the fees, they can request a fee waiver by filing Form I-912, Request for Fee Waiver, along with supporting documentation demonstrating their inability to pay.

2. Derivative Applicants: There may be additional fees for derivative family members included in the application.

3. Legal Assistance: It is highly recommended to seek the guidance of an experienced immigration attorney or a reputable non-profit organization specializing in immigration law to navigate the application process efficiently and effectively.

15. Can a victim of domestic violence be deported while their U-Visa or T-Visa application is pending?

1. No, a victim of domestic violence who has applied for a U-Visa or T-Visa generally cannot be deported while their application is pending. Both U-Visas and T-Visas provide protections to victims of certain crimes, including domestic violence, who are cooperating with law enforcement in the investigation or prosecution of the crime. This cooperation is a requirement for these types of visas, and if the victim is deported, it may impede the investigation or prosecution of the crime.

2. While the U-Visa and T-Visa applications are pending, the victim is typically granted deferred action, which means that they are allowed to remain in the United States temporarily. This deferred action status provides protection from deportation during the processing of the visa application. However, it is important for the victim to stay in contact with immigration authorities and comply with any requirements related to their visa application to maintain their protected status.

3. If a victim of domestic violence is facing deportation while their U-Visa or T-Visa application is pending, they should seek legal assistance immediately. An experienced immigration attorney can help the victim understand their rights, explore options for relief, and advocate on their behalf to prevent deportation during the visa application process.

16. What services and resources are available to victims of domestic violence in Kansas?

In Kansas, there are various services and resources available to victims of domestic violence, including green card holders and undocumented immigrants. Some of these resources include:

1. Domestic violence shelters and safe houses: There are shelters across Kansas that provide a safe space for victims to stay, access resources, and receive support.

2. Legal assistance: Several organizations offer free or low-cost legal services to victims of domestic violence, helping them with obtaining protection orders, filing for divorce or custody, and navigating the immigration system if needed.

3. Counseling and support groups: Mental health professionals and support groups are available to provide emotional support and counseling to victims of domestic violence.

4. Language access services: Many organizations in Kansas offer language access services for individuals with limited English proficiency, ensuring they can access the help they need.

5. U-Visas and T-Visas: Victims of domestic violence who are undocumented immigrants may be eligible for U-Visas or T-Visas, which are designed to protect victims of crime and offer a path to legal status in the United States. These visas allow victims to stay in the country and access necessary resources without fear of deportation.

It is essential for victims of domestic violence in Kansas, regardless of their immigration status, to reach out to local organizations, law enforcement agencies, or legal service providers for help and support. By utilizing these resources, victims can take steps towards safety, healing, and a secure immigration status.

17. Can a victim of domestic violence apply for asylum instead of a U-Visa or T-Visa?

1. Yes, a victim of domestic violence can apply for asylum instead of a U-Visa or T-Visa if they meet the eligibility criteria for asylum. Asylum is a form of protection granted to individuals who have suffered persecution or fear persecution in their home country based on race, religion, nationality, political opinion, or membership in a particular social group. Domestic violence survivors may be able to qualify for asylum if they can demonstrate that the abuse they suffered was targeted at them because of their membership in a particular social group, such as being a woman in a country where gender-based violence is pervasive and condoned by the government.

2. It is important for individuals considering applying for asylum to consult with an experienced immigration attorney who can assess their case and provide guidance on the best course of action. Asylum applications can be complex and require strong evidence to support the claim of persecution. Additionally, the application process for asylum may vary depending on the individual’s specific circumstances and the country they are applying from.

3. While asylum is an option for victims of domestic violence, U-Visas and T-Visas are specifically designed for individuals who have been victims of certain crimes, including domestic violence, and who have cooperated with law enforcement in the investigation or prosecution of the crime. These visas provide a pathway to legal status and ultimately, to US citizenship for eligible individuals. Ultimately, the decision on whether to apply for asylum or a U-Visa/T-Visa will depend on the individual’s unique circumstances and the advice of legal counsel.

18. Are there any limitations on the number of U-Visas or T-Visas that can be issued each year?

There are limits set by the U.S. government on the number of U-Visas and T-Visas that can be issued each year.

U-Visas:
1. The U-Visa program has a limit of 10,000 visas that can be issued annually. Once this cap is reached, any additional eligible applicants may be placed on a waiting list until new visas become available in the next fiscal year. This cap can create delays in the processing of U-Visa applications, especially in high-demand years.

T-Visas:
2. The T-Visa program, which is for victims of human trafficking, has a limit of 5,000 visas that can be issued each fiscal year. Similar to the U-Visa program, once this cap is reached, eligible applicants may be placed on a waiting list.

It is important for individuals seeking U-Visas or T-Visas to stay informed about any updates or changes in visa availability and processing times to ensure they are aware of any potential delays that may impact their immigration status.

19. Can a U-Visa or T-Visa holder bring their family members to the United States?

Yes, both U-Visa and T-Visa holders have the ability to bring certain family members to the United States through a process called derivative status. Here are some key points to consider:

1. U-Visa Holders: U-Visa holders can petition for certain family members, including spouses, children, parents, and unmarried siblings under the age of 21, to obtain derivative U-Visas. These family members must be listed on the original U-Visa application or included in a subsequent request to include them. The family members granted derivative U-Visas will be able to live and work in the U.S. for the duration of the principal visa holder’s U-Visa status.

2. T-Visa Holders: T-Visa holders can also bring certain family members to the U.S. through derivative status. Immediate family members, including spouses, children, parents, and unmarried siblings under 18 years old, can be included in the T-Visa application as derivatives. Once approved, these family members can accompany the principal T-Visa holder to the U.S. and have the opportunity to live and work in the country.

It is important to note that each visa category has specific eligibility requirements and procedures for including family members, so it is advisable to consult with an immigration attorney or a reputable organization specializing in immigrant rights to navigate the process successfully.

20. How can someone in Kansas report domestic violence or seek help for a loved one in an abusive relationship?

In Kansas, individuals can report domestic violence or seek help for a loved one in an abusive relationship by taking the following steps:

1. Contact law enforcement: If there is an immediate threat to safety, individuals should call 911 to report the domestic violence incident and seek emergency assistance.

2. Contact a local domestic violence agency: Organizations such as the Kansas Coalition Against Sexual and Domestic Violence (KCSDV) can provide resources, support, and guidance to individuals experiencing domestic violence. They can help develop safety plans and connect individuals with shelters or other services.

3. Seek legal assistance: Legal aid organizations in Kansas can help individuals understand their rights, obtain protection orders, and navigate the legal system to hold the abuser accountable.

4. Utilize national hotlines: The National Domestic Violence Hotline (1-800-799-7233) provides confidential support, information, and referrals to local resources for individuals experiencing domestic violence.

By taking these steps, individuals in Kansas can report domestic violence or seek help for themselves or a loved one in an abusive relationship and begin the journey towards safety and healing.