1. Who is eligible to apply for a U.S. work visa through VAWA?

VAWA (Violence Against Women Act) provides protection to certain foreign nationals who are victims of abuse by a U.S. citizen or lawful permanent resident (LPR) spouse or parent. To be eligible for a U.S. work visa through VAWA, an individual must demonstrate that they: (1) have been subjected to battery or extreme cruelty by a current or former U.S. citizen or LPR spouse, parent, or an individual acting in a parental role to the applicant; (2) have resided in the United States with the abuser; (3) are of good moral character; and (4) are eligible for an immigrant visa, such as through marriage to a U.S. citizen or LPR, or through another form of relief.

2. What evidence must I submit to prove that I have been the victim of domestic violence?

The exact evidence you must submit to prove that you have been the victim of domestic violence depends on the specific law or program you are applying for. Generally, acceptable evidence may include police reports, restraining orders, medical records, affidavits from counselors or other social service providers, and written accounts of the abuse.

3. How long does the U.S. work visa granted through VAWA last?

The U.S. work visa granted through VAWA (Victims of Abuse Waiver) is valid up to four years.

4. Is there a cost associated with applying for a U.S. work visa through VAWA?

No, there is no cost associated with applying for a U.S. work visa through VAWA. The application process is free of charge.

5. What is the difference between the VAWA-based U and T visas?

The U visa is a nonimmigrant visa that provides temporary legal status to eligible victims of certain types of crime who have suffered mental or physical abuse and are willing to help law enforcement or government officials in the investigation or prosecution of criminal activity.

The T visa is a nonimmigrant visa that is available to victims of severe forms of trafficking who have been subjected to force, fraud, or coercion and are willing to assist law enforcement in the investigation or prosecution of human trafficking.

6. Is there a deadline to apply for a U.S. work visa under VAWA?

No, there is no deadline to apply for a U.S. work visa under VAWA. Eligible immigrants may apply for a U.S. work visa at any time.

7. Are there any special requirements or restrictions for people applying for a U.S. work visa through VAWA?

Yes. To apply for a U.S. work visa through VAWA, applicants must prove that they have been a victim of abuse and that they are the primary target of the abuser, who is either a U.S. citizen or lawful permanent resident. Additionally, applicants must prove that they have good moral character and are not a threat to the national security or public safety of the United States. Finally, applicants must demonstrate that they are admissible to the United States and eligible for a visa under U.S. law.

8. Can I get my green card if I’m granted a U.S. work visa under VAWA?

Yes. If you are granted a U.S. work visa through the Violence Against Women Act (VAWA), you may be eligible to apply for a green card.

9. Can I apply for a U.S. work permit or travel document under VAWA?

No, VAWA does not provide for the issuance of a U.S. work permit or travel document. However, a person who meets the criteria for VAWA may be eligible for certain immigration benefits, such as lawful permanent residence (a green card), through another program.

10. Can I stay in the United States after my VAWA-based U or T visa expires?

Yes. After your U or T visa expires, you may be eligible to apply for a Green Card if you meet the requirements for a Green Card based on the U or T visa. To learn more about the eligibility requirements, please visit the USCIS website.

11. What rights do I as an immigrant have if I am granted a U.S. work visa under VAWA?

If you are granted a U.S. work visa under VAWA, you have the right to work legally in the United States, obtain an Employment Authorization Document (EAD), and apply for permanent residency. You also have the right to apply for certain federal benefits and to be protected from deportation if you meet certain requirements. In addition, you may have the right to bring your eligible family members to the United States.

12. How can I apply for a temporary stay of removal while my U or T visa application is pending?

If you have filed for a U or T visa, you may be eligible for a stay of removal (deferral of removal) while your application is pending. To apply for a stay of removal, you must submit a request to the USCIS Vermont Service Center. Be sure to include evidence that you have submitted a U or T visa application, such as a copy of the application and supporting documents. You should also provide an explanation of why you believe that you qualify for a stay of removal.

13. Can I apply for adjustment of status while on a U or T visa?

Yes, you can apply for adjustment of status while on a U or T visa. However, you must have been physically present in the U.S. for a continuous period of at least three years, prior to filing for adjustment of status. As well, you must be able to demonstrate that you have been a person of good moral character during that period.

14. What other benefits am I eligible to receive while holding a U or T visa?

In addition to protection from deportation and permission to work, U or T visa holders are eligible for many other benefits. Depending on the state, these may include access to healthcare, public assistance, education, housing services, driver’s licenses, and more. Additionally, U and T visa holders may also be eligible to apply for permanent residence in the United States and eventually for U.S. citizenship.

15. Are there any other paths to permanent residence available to me as an immigrant who has been granted a U or T visa?

Yes, immigrants who have been granted a U or T visa may also be eligible for permanent residence through other paths, such as employment-based immigration, family-based immigration, or the diversity visa lottery.

16. What are the next steps after my U or T visa has been approved?

After a U or T visa has been approved, the applicant must submit a Form I-485, Application to Register Permanent Residence or Adjust Status. This form will then be reviewed by USCIS. The applicant may then be scheduled for an interview and further adjudication of the application. If approved, the applicant may receive permanent resident status (a “green card”) and may apply for a work permit.

17. How long will it take to process my U or T visa application?

The processing time for U and T visa applications varies depending on the type of application and the volume of applications currently being processed. Generally, the processing time can range anywhere from 4 months to a year or more.

18. Are there any other types of employment authorization available to me as an immigrant who has been granted a U or T visa?

Yes, there are other forms of employment authorization available. Depending on your individual situation, you may be eligible for an Employment Authorization Document (EAD), which is issued by U.S. Citizenship and Immigration Services (USCIS). In order to be eligible for an EAD, you must have a valid nonimmigrant status that authorizes you to work in the United States. Additionally, you may be able to apply for a work permit, such as an H-1B visa, a TN visa or an L-1 visa. You may also be eligible for other forms of employment authorization through the Deferred Action for Childhood Arrivals (DACA) program, the Special Immigrant Juvenile Status (SIJS) program, or the Haitian Refugee Immigrant Fairness Act (HRIFA).

19. How can I renew my U or T visa if it is about to expire ?

You will need to file Form I-290B, Notice of Appeal or Motion, to the USCIS office that issued the original visa. The form allows you to request an extension of the current visa status. You will need to provide evidence that you meet the requirements for a U or T visa, including documentation of any continued abuse or persecution.

20. Can my spouse and children also be eligible for a U or T visa if I am granted one ?

Yes, your spouse and children may also be eligible for a U or T visa if you are granted one. Your spouse and children must meet the eligibility requirements and apply for the visa separately. To be eligible, your spouse and/or children must have been present in the United States when you filed your application, been physically present in the United States for at least 3 years before you filed your application, and be admissible to the United States.