By Cenab Yavuz, Esq. — Raff & Raff, LLP

If you or your child has experienced abuse, neglect, or been the victim of a crime, the immigration system can feel especially confusing and frightening. There are, however, several forms of humanitarian relief designed to protect vulnerable people and, in many cases, open a path to a green card: Special Immigrant Juvenile Status (SIJS), VAWA self-petitions, and U visas.

Each of these options has its own rules, requirements, and processing times. All are subject to quotas and backlogs, which means that even after an approval, you may have to wait before applying for a green card. But if you qualify for one of these forms of relief, you may be able to move forward toward more stable, permanent status in the United States.

1. Special Immigrant Juvenile Status (SIJS)

SIJS is for children and young people who are already in the United States and who cannot safely reunify with one or both parents because of abuse, neglect, or abandonment. A state juvenile or family court must issue an order placing the young person in someone’s custody or guardianship, finding that reunification with a parent is not viable, and stating that it is not in the child’s best interest to return to their home country.

Once that court order is in place, the child can file a petition with USCIS. If the petition is approved, the child receives SIJ classification and, when a visa is available in the EB-4 category, may qualify to apply for a green card in the United States.

2. VAWA Self-Petitions

The Violence Against Women Act (VAWA) allows certain survivors of abuse by a U.S. citizen or permanent resident family member to file for immigration status on their own, without the abuser’s knowledge or cooperation. Despite the name, VAWA is available to people of all genders. It can cover abused spouses, certain former spouses, children, and, in some cases, parents of U.S. citizen sons or daughters.

A VAWA self-petitioner must generally show a qualifying family relationship, that they experienced battery or extreme cruelty, that they lived with the abuser at some point, and that they are a person of good moral character. If the VAWA petition is approved and a visa is available, the survivor may be able to apply for a green card much like in a family-based case, often with important confidentiality protections and certain waivers based on the abuse.

3. U Nonimmigrant Status (U Visa)

The U visa is for noncitizens who were victims of certain serious crimes, suffered substantial physical or mental harm, and were helpful (or are willing to be helpful) to law enforcement in investigating or prosecuting the crime. Examples of qualifying crimes include domestic violence, sexual assault, felonious assault, trafficking, and some other violent or exploitative offenses.

A U-visa case requires a law-enforcement certification confirming that the crime occurred and that the victim has been, is being, or is likely to be helpful in the investigation or prosecution. If granted, U status typically allows a person to live and work in the United States for several years, may cover certain family members, and can, after a period of time, provide a path to a green card. There is an annual cap and long waiting lists, but USCIS has created interim measures to offer some protection and work authorization while people wait.

Talk to an Immigration Attorney About Your Options

Humanitarian immigration cases are fact-specific and the law changes frequently. Many people may qualify for more than one form of relief or may also have other options such as asylum, family petitions, or temporary protections. It is important not to guess about your eligibility or rely on rumors or advice from non-lawyers.

Our firm handles SIJS, VAWA, and U-visa cases with confidentiality, sensitivity, and careful attention to detail. If you believe you or a family member might qualify, contact us to schedule a confidential consultation. We can review your history, explain your options in clear terms, and help you decide on the best strategy for your situation.

This article is for general informational purposes only and is not legal advice. Every case is different; you should speak with an attorney about your specific facts before making any decisions.

If you have questions, contact Raff & Raff at (973) 742-1917 for a free consultation, or email us at info@raffandraff.com.