1. What is domestic violence and how is it defined in the context of U-Visas and T-Visas?

Domestic violence is a pattern of abusive behaviors used by one partner to gain or maintain power and control over another partner in an intimate relationship. In the context of U-Visas and T-Visas, domestic violence is defined as any form of physical, emotional, psychological, or sexual abuse that occurs within a qualifying relationship, which includes spouses, children, parents, and other household members. To be eligible for a U-Visa or T-Visa related to domestic violence, the victim must have suffered substantial physical or mental abuse as a result of the qualifying crime committed by a U.S. citizen or lawful permanent resident. This can include acts such as assault, coercion, kidnapping, false imprisonment, and other crimes that cause harm to the victim. It is important for green card holders and undocumented immigrants who are victims of domestic violence to seek assistance from legal experts and advocate organizations to understand their rights and options for obtaining protection and support through U-Visas or T-Visas.

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

A victim of domestic violence in Maryland can apply for a U-Visa or T-Visa by following these steps:

1. Seek help and support: It is essential for the victim to reach out to a local domestic violence agency or organization in Maryland for assistance and guidance on the visa application process. These agencies can provide valuable resources, support, and referrals to legal service providers who specialize in immigrant rights and protections.

2. Obtain certification: Victims of domestic violence in Maryland can request a law enforcement agency, prosecutor, judge, or other designated certifier to complete Form I-918 Supplement B, Declaration of Law Enforcement Officer for Victim of Trafficking in Persons. This certification is a crucial component of the U-Visa application process as it establishes that the victim has been helpful, is being helpful, or is likely to be helpful in the investigation or prosecution of the crime.

3. Gather supporting documentation: The victim needs to gather evidence to support their eligibility for a U-Visa or T-Visa, such as police reports, medical records detailing injuries sustained from the abuse, affidavits from witnesses, and any other relevant documentation. It is important to consult with an experienced immigration attorney to ensure that all necessary documentation is included in the visa application.

4. Submit the application: Once all required documentation is gathered, the victim can submit their U-Visa or T-Visa application to U.S. Citizenship and Immigration Services (USCIS). It is crucial to ensure that the application is completed accurately and thoroughly to increase the chances of approval.

5. Await a decision: After submitting the application, the victim will need to wait for USCIS to review their case and make a decision on whether to approve the U-Visa or T-Visa application. If approved, the victim may be granted legal status in the United States and have the opportunity to pursue a path towards obtaining a green card.

It is highly recommended for victims of domestic violence in Maryland to seek the assistance of an immigration attorney who is well-versed in U-Visa and T-Visa applications to navigate the complexities of the process and ensure the best possible outcome.

3. What evidence is required to support a U-Visa or T-Visa application for domestic violence survivors?

To support a U-Visa or T-Visa application for domestic violence survivors, certain evidence is required to demonstrate eligibility and prove the qualifying factors. This evidence may include, but is not limited to:

1. Police Reports: Official documentation of the incident, such as police reports or restraining orders, can help corroborate the claim of domestic violence.

2. Medical Records: Records from medical professionals detailing any injuries sustained as a result of the abuse can be crucial evidence in the application process.

3. Psychological Evaluations: Evaluations from mental health professionals can establish the emotional and psychological impact of the abuse on the survivor.

4. Affidavits or Statements: Sworn statements from the survivor, witnesses, or those familiar with the circumstances of the abuse can provide additional support to the application.

5. Other Supporting Documentation: Any additional evidence, such as photos of injuries, communications with the abuser, or records of seeking assistance from shelters or support services, can strengthen the application.

It is important to consult with an immigration attorney or advocate experienced in U-Visa and T-Visa applications to ensure that the necessary evidence is gathered and presented effectively to support the survivor’s case.

4. Can a Green Card holder apply for a U-Visa or T-Visa if they are a victim of domestic violence?

Yes, a Green Card holder who is a victim of domestic violence can apply for a U-Visa or T-Visa. Here are some important points to consider:

1. U-Visa: Green Card holders, also known as lawful permanent residents, are eligible to apply for a U-Visa if they have been a victim of a qualifying crime, such as domestic violence, and have suffered substantial physical or mental abuse as a result. To qualify for a U-Visa, the victim must be willing to cooperate with law enforcement in the investigation or prosecution of the crime. Obtaining a U-Visa can lead to lawful permanent residency (Green Card) status in the United States.

2. T-Visa: Similarly, Green Card holders who are victims of human trafficking, including situations of domestic servitude or labor trafficking within a domestic violence context, may be eligible to apply for a T-Visa. Like the U-Visa, the T-Visa provides temporary legal status and can also lead to lawful permanent residency.

It is essential for victims of domestic violence who are Green Card holders to seek assistance from legal professionals or organizations specializing in immigration law and domestic violence cases to understand their options and to navigate the application process effectively.

5. Are undocumented immigrants eligible for protection under the Violence Against Women Act (VAWA) in Maryland?

Yes, undocumented immigrants are eligible for protection under the Violence Against Women Act (VAWA) in Maryland. VAWA provides protections for victims of domestic violence, sexual assault, and other forms of abuse, regardless of their immigration status. One of the key benefits of VAWA is that it allows eligible individuals to self-petition for a green card without the knowledge or involvement of their abuser. This means that undocumented immigrants who are victims of domestic violence can seek legal protection and potentially secure their immigration status through VAWA. It is important for individuals in this situation to seek assistance from a qualified legal professional who has experience in handling VAWA cases to understand their rights and options.

1. Victims of domestic violence can also apply for a U-Visa if they are willing to cooperate with law enforcement in the investigation or prosecution of the crime.
2. T-Visas are available for victims of human trafficking who are present in the United States as a result of trafficking.

6. What resources are available for survivors of domestic violence in Maryland, regardless of their immigration status?

Survivors of domestic violence in Maryland, regardless of their immigration status, can access a variety of resources to seek help and support. Some of these resources include:

1. Domestic Violence Hotline: The Maryland Network Against Domestic Violence operates a 24-hour hotline that provides crisis intervention, safety planning, and referrals to local resources.

2. Local Domestic Violence Programs: There are numerous domestic violence programs and shelters throughout Maryland that serve survivors regardless of immigration status. These programs offer support groups, counseling, legal advocacy, and emergency shelter for those fleeing abuse.

3. Legal Services: Several organizations in Maryland provide free or low-cost legal assistance to survivors of domestic violence, including help with obtaining protective orders, navigating the legal system, and applying for immigration relief such as U-Visas or T-Visas.

4. Healthcare Providers: Healthcare facilities in Maryland are mandated reporters of domestic violence, meaning they can provide assistance in documenting injuries, referring survivors to resources, and connecting them with support services.

5. Immigration Resources: Immigrant survivors of domestic violence may be eligible for U-Visas or T-Visas, which are special visas available to victims of crime, including domestic violence. Organizations such as the Maryland Legal Aid and the Tahirih Justice Center can provide guidance on these immigration options.

By accessing these resources and support systems, survivors of domestic violence in Maryland can take steps towards safety, healing, and empowerment, regardless of their immigration status.

7. Can a U-Visa or T-Visa lead to permanent residency (Green Card) for the survivor of domestic violence?

Yes, both U-Visas and T-Visas can potentially lead to permanent residency (Green Card) for survivors of domestic violence.

1. With a U-Visa: Survivors of certain crimes, including domestic violence, who have suffered mental or physical abuse and have cooperated in the investigation or prosecution of the crime may be eligible for a U-Visa. After holding a U-Visa for three years and meeting certain requirements, the visa holder may be eligible to apply for adjustment of status to become a lawful permanent resident (Green Card holder).

2. With a T-Visa: Survivors of human trafficking, which can include situations of domestic violence, may be eligible for a T-Visa. T-Visa holders are allowed to live and work in the United States for up to four years and may then apply for a Green Card. They must demonstrate that they have complied with any reasonable requests for assistance in the investigation or prosecution of human trafficking.

It is important to consult with an experienced immigration attorney or a qualified legal service provider for guidance on the eligibility requirements, application process, and any updates or changes in immigration law regarding U-Visas and T-Visas leading to permanent residency.

8. Are there specific organizations or legal services in Maryland that specialize in assisting victims of domestic violence with immigration issues?

Yes, there are specific organizations and legal services in Maryland that specialize in assisting victims of domestic violence with immigration issues, particularly in obtaining U-Visas and T-Visas for green card holders and undocumented immigrants. Here are a few notable resources:

1. House of Ruth Maryland: This organization provides comprehensive services for victims of domestic violence, including legal assistance with immigration matters.

2. CASA de Maryland: CASA offers support to immigrant communities in Maryland, including legal services for survivors of domestic violence seeking immigration relief.

3. Tahirih Justice Center – Baltimore: Tahirih provides legal assistance and advocacy for immigrant survivors of gender-based violence, including domestic violence, to help them obtain protection under U-Visas and T-Visas.

It is essential for victims of domestic violence to seek help from these specialized organizations to navigate the complexities of immigration laws and secure the necessary protections.

9. How long does the U-Visa or T-Visa application process typically take in Maryland?

In Maryland, the U-Visa or T-Visa application process typically takes around 1 to 5 years to be approved. The processing time can vary depending on various factors such as the complexity of the case, the backlog of applications, and the level of cooperation from law enforcement agencies in certifying the applicant’s eligibility for the visa. It is important for applicants to work closely with an experienced immigration attorney or a domestic violence advocate throughout the application process to ensure all requirements are properly fulfilled and to expedite the process as much as possible. Additionally, seeking assistance from local organizations that specialize in immigration and domestic violence issues can also be beneficial in navigating the application process efficiently.

10. What protections are available to U-Visa and T-Visa holders in Maryland in cases of ongoing domestic violence?

U-Visa and T-Visa holders in Maryland who are experiencing ongoing domestic violence have access to various protections to ensure their safety and well-being. Some of the key protections available include:

1. Protection Orders: U-Visa and T-Visa holders can obtain protective orders from the court to prevent their abuser from contacting or approaching them. These orders can also provide relief such as temporary custody of children and exclusive use of a shared residence.

2. Access to Shelter and Support Services: Victims of domestic violence in Maryland, including U-Visa and T-Visa holders, can seek refuge in shelters specifically designed for survivors of abuse. These shelters offer a safe place to stay, counseling services, legal assistance, and other forms of support.

3. Law Enforcement Support: U-Visa and T-Visa holders can seek help from law enforcement agencies in cases of domestic violence. Maryland law prohibits discrimination based on immigration status, meaning that victims can report abuse to the police without fear of being detained or deported.

4. Immigration Relief: U-Visa and T-Visa holders who are victims of domestic violence may be eligible for additional immigration relief to adjust their status or obtain permanent residency. These pathways provide a way for survivors to build a secure future in the United States free from abuse.

Overall, Maryland offers a range of protections and resources for U-Visa and T-Visa holders facing ongoing domestic violence, ensuring that they have the support they need to break free from abusive situations and rebuild their lives.

11. Can a victim of human trafficking in Maryland apply for a T-Visa if they are also a victim of domestic violence?

Yes, a victim of human trafficking in Maryland can apply for a T-Visa if they are also a victim of domestic violence. The T-Visa is designed for victims of human trafficking, while the U-Visa is intended for victims of certain crimes, including domestic violence. However, in some cases, an individual may be eligible for both a T-Visa and a U-Visa. This is known as a “concurrent filing” and can be pursued if the individual meets the eligibility requirements for both visas. It is important to consult with an experienced immigration attorney or an organization specializing in immigration services for victims of crime to explore all available options and determine the best course of action based on the individual’s specific circumstances.

12. Are there any financial assistance programs available for survivors of domestic violence in Maryland who are seeking immigration relief?

Yes, there are financial assistance programs available for survivors of domestic violence in Maryland who are seeking immigration relief. Here are some resources that may be beneficial for Green Card holders and undocumented immigrants:

1. The Maryland Network Against Domestic Violence (MNADV) offers financial assistance programs for survivors of domestic violence. They may provide support with housing, transportation, legal fees, and other related expenses.

2. Catholic Charities of Baltimore provides immigration legal services to survivors of domestic violence, including help with U-Visa and T-Visa applications. They may also offer financial assistance or connect individuals with resources for financial support.

3. The House of Ruth Maryland is another organization that offers support services to survivors of domestic violence, including assistance with immigration matters. They can provide information on financial aid programs and other resources available to survivors.

It is important for survivors of domestic violence to reach out to local organizations and legal service providers for assistance with immigration relief and financial support. Additionally, they can inquire about any specific programs or funds that may be available to them based on their individual circumstances.

13. Can a minor child who is a victim of domestic violence in Maryland apply for a U-Visa or T-Visa with the help of a guardian?

Yes, a minor child who is a victim of domestic violence in Maryland may be eligible to apply for a U-Visa or T-Visa with the help of a guardian. In the case of a U-Visa, the child may be able to obtain legal status if they have suffered mental or physical abuse as a result of a qualifying crime and are willing to assist law enforcement in the investigation or prosecution of the crime. Additionally, if the child is under the age of 21 and unmarried, they may be considered as derivatives on a U-Visa application filed by their parent or guardian who is the primary U-Visa applicant. As for T-Visas, which are specifically for victims of human trafficking, a minor child who has been subjected to trafficking may also be eligible to apply with the assistance of a guardian. It is important for the guardian to seek legal assistance to navigate the application process and ensure the best possible outcome for the child.

14. What are the rights of domestic violence survivors in Maryland when reporting abuse to law enforcement while undocumented?

In Maryland, undocumented domestic violence survivors have rights when reporting abuse to law enforcement. These rights include:

1. Confidentiality: Law enforcement agencies are required to keep the immigration status of individuals confidential during investigations to protect undocumented survivors from potential deportation fears.
2. Access to protection: Undocumented survivors can seek protection through restraining orders and other legal remedies available to all individuals, regardless of immigration status.
3. Language access: Survivors have the right to interpretation services during interactions with law enforcement to ensure effective communication.
4. U-Visa eligibility: Undocumented survivors who cooperate with law enforcement in the investigation or prosecution of the crime may be eligible to apply for a U-Visa, which provides legal status to victims of certain crimes, including domestic violence.
5. T-Visa eligibility: Undocumented survivors who are victims of human trafficking may also be eligible to apply for a T-Visa, which provides immigration relief and legal status if they meet certain criteria.

It is important for undocumented domestic violence survivors in Maryland to be aware of these rights and to seek assistance from organizations that specialize in immigrant rights and domestic violence advocacy to ensure their safety and access to appropriate resources.

15. Can a U-Visa or T-Visa applicant in Maryland receive work authorization while their application is pending?

Yes, a U-Visa or T-Visa applicant in Maryland can apply for work authorization while their application is pending. Here are some important points to consider:

1. Eligibility: Applicants for U-Visas and T-Visas are eligible to apply for work authorization by filing Form I-765, Application for Employment Authorization, with supporting documentation to demonstrate their eligibility for the visa.

2. Application process: Once the U-Visa or T-Visa application is filed, the applicant can concurrently submit Form I-765 for work authorization. The application for work authorization can be submitted along with the visa application or at a later stage while the visa application is pending.

3. Benefits of work authorization: Obtaining work authorization while the U-Visa or T-Visa application is pending allows the applicant to legally work in the United States and support themselves financially. It also provides a sense of stability during the often lengthy visa application process.

4. Processing times: It is important to note that processing times for work authorization applications can vary, so applicants should check the current processing times and submit their application in a timely manner to avoid any gaps in employment authorization.

Overall, applying for work authorization while the U-Visa or T-Visa application is pending can provide important benefits for applicants in Maryland, allowing them to work legally and support themselves during the immigration process.

16. What are the eligibility requirements for a Green Card holder to apply for a U-Visa or T-Visa based on domestic violence?

To be eligible for a U-Visa or T-Visa based on domestic violence, a Green Card holder must meet the following requirements:

1. The individual must have been a victim of qualifying criminal activity, such as domestic violence, committed in the United States.

2. The applicant must have suffered substantial physical or mental abuse as a result of the criminal activity.

3. The victim must possess credible and reliable information about the crime and be willing to assist law enforcement in the investigation and prosecution of the crime.

4. The victim’s assistance must be deemed necessary for the investigation or prosecution of the criminal activity.

5. The applicant must also be admissible to the United States or eligible for a waiver of any grounds of inadmissibility.

Green Card holders who meet these requirements may be eligible to apply for a U-Visa or T-Visa based on domestic violence. It is crucial to consult with an experienced immigration attorney or accredited representative to guide you through the application process and ensure your eligibility.

17. How can language barriers and cultural differences impact the ability of survivors of domestic violence in Maryland to seek help?

Language barriers and cultural differences can significantly impact the ability of survivors of domestic violence in Maryland to seek help in the following ways:

1. Communication barriers: Limited proficiency in English can make it difficult for survivors to articulate their experiences and seek appropriate assistance. This can result in misunderstandings or miscommunication with service providers, law enforcement, or legal professionals.

2. Lack of culturally sensitive services: Existing resources may not be tailored to meet the specific cultural needs of survivors from diverse backgrounds. This can lead to a lack of trust in institutions and reluctance to seek help due to fears of discrimination or misunderstanding.

3. Stigma and shame: Cultural norms and values around family, gender roles, and relationships can contribute to feelings of shame or guilt among survivors. This may prevent them from reaching out for help or disclosing abuse to others outside their community.

4. Fear of deportation: Undocumented immigrants may hesitate to seek help for fear of encountering immigration authorities or jeopardizing their legal status. This can further isolate survivors and limit their access to support services.

To address these barriers, it is crucial for service providers and policymakers in Maryland to:

– Ensure language access: Provide interpretation and translation services to ensure that survivors can communicate effectively with service providers and access information in their preferred language.
– Increase cultural competency: Train professionals to understand and respect diverse cultural backgrounds. Develop culturally sensitive outreach and support services that address the unique needs of survivors from different communities.
– Provide immigration relief options: Raise awareness about U-visas and T-visas, which offer protection to immigrant survivors of domestic violence and other crimes. Ensure that survivors understand their rights and options for legal status regardless of their immigration status.
– Foster collaboration: Build partnerships with community organizations, cultural centers, and faith-based groups to reach underserved populations and create a network of support for survivors of domestic violence.

18. Can a U-Visa or T-Visa holder in Maryland petition for family members to join them in the United States?

Yes, U-Visa and T-Visa holders in Maryland can petition for certain family members to join them in the United States. Here are some key points to consider:

1. U-Visa holders can petition for their qualifying family members, including their spouse, children, parents, and unmarried siblings under 21 years of age, to receive derivative U-Visas. This allows family members to come to the United States and obtain work authorization.

2. T-Visa holders can also petition for their qualifying family members, including their spouse, children, parents, and unmarried siblings under 18 years of age, to join them in the United States. Family members granted T nonimmigrant status may be eligible for work authorization.

3. Both U-Visa and T-Visa holders must meet certain eligibility requirements and follow the appropriate procedures to petition for their family members. It is important to consult with an experienced immigration attorney or accredited representative for guidance on the petition process and to ensure compliance with immigration laws and regulations.

Overall, U-Visa and T-Visa holders in Maryland have options to bring their qualifying family members to the United States, but it is essential to seek professional advice to navigate the complex immigration system effectively.

19. Are there specific support services available in Maryland for survivors of domestic violence who are seeking immigration relief?

Yes, there are specific support services available in Maryland for survivors of domestic violence who are seeking immigration relief. Some of the key resources include:

1. The Maryland Network Against Domestic Violence (MNADV): MNADV provides support and advocacy for domestic violence survivors in Maryland, including assistance with accessing immigration relief options such as U-Visas and T-Visas.

2. Legal services organizations: There are several legal services organizations in Maryland that specialize in providing immigration assistance to survivors of domestic violence. These organizations can help survivors understand their options, complete the necessary paperwork, and navigate the legal process.

3. Immigrant support organizations: Organizations such as CASA de Maryland and the Maryland Immigrant Rights Coalition offer support and resources to immigrant survivors of domestic violence, including information on immigration relief options and referrals to legal services.

4. Hotlines and helplines: Hotlines such as the Maryland Domestic Violence Hotline provide confidential support and assistance to survivors in crisis, including information about available resources for immigration relief.

Overall, survivors of domestic violence in Maryland have access to a range of support services specifically tailored to help them navigate the immigration system and seek the necessary relief to secure their safety and well-being.

20. What are the steps that a survivor of domestic violence in Maryland should take if they are considering applying for a U-Visa or T-Visa?

If a survivor of domestic violence in Maryland is considering applying for a U-Visa or T-Visa, they should take the following steps:

1. Contact a local organization that specializes in providing services to survivors of domestic violence. They can offer support, guidance, and resources throughout the process.
2. Seek medical attention if needed and document any injuries or abuse suffered.
3. Report the abuse to law enforcement and obtain a police report or other official documentation of the incident.
4. Consult with an immigration attorney who has experience with U-Visa and T-Visa cases to evaluate eligibility and assist with the application process.
5. Gather evidence to support the application, such as police reports, medical records, witness statements, and any other documentation that proves the abuse suffered.
6. Complete the necessary forms accurately and submit the application to the U.S. Citizenship and Immigration Services (USCIS) with all required supporting documents.

By following these steps and seeking the appropriate assistance, survivors of domestic violence in Maryland can navigate the application process for a U-Visa or T-Visa successfully.