March 19, 2025

What is VAWA, U Visa and what are the differences between the two?

What is VAWA and who can apply?

Through the enactment of the Violence Against Women Act of 1994 (VAWA) and its subsequent renewals, Congress granted noncitizens who have suffered abuse from their U.S. citizen or lawful permanent resident family members the ability to autonomously apply (self-petition) for immigrant status without the abuser’s involvement, approval, or awareness in the immigration proceedings. This empowers victims to pursue safety and freedom from their abusers.

Spouses, children of U.S. citizens or lawful permanent residents, and parents of U.S. citizens aged 21 or older are eligible to file a self-petition for immigrant status with USCIS. Such individuals are typically referred to as VAWA self-petitioners. Upon USCIS’s approval of the self-petition, VAWA self-petitioners can pursue lawful permanent residency and acquire a Green Card.

VAWA self-petitioning applicants need to demonstrate the following:

1. To be the spouse, intended spouse, or former spouse of an abusive U.S. citizen or lawful permanent resident.
2. Proving that the marriage to the abuser ended within the last 2 years due to death (for U.S. citizen spouses only) or a divorce related to the abuse.
3. To be the child of an abusive U.S. citizen or lawful permanent resident parent.
4. To be the parent of an abusive U.S. citizen son or daughter aged 21 or older.

What is a U Visa and who can apply?

The U nonimmigrant status, commonly known as the U visa, is designed for victims of specific crimes who have endured mental or physical abuse and have cooperated with law enforcement or government officials in probing or pursuing criminal activities. This legislation was crafted to bolster law enforcement’s capacity to handle cases involving domestic violence, sexual assault, trafficking of noncitizens, and similar offenses, while safeguarding victims who have suffered significant mental or physical harm due to criminal acts and are willing to aid law enforcement in their investigations or legal actions.

U Visa applicants need to demonstrate the following:

1. To be a victim of qualifying criminal conduct.
2. Experiencing substantial physical or mental abuse as a direct result of being a victim of such criminal activity.
3. Possessing information about the criminal incident. If under 16 years old or unable to provide details due to a disability, a parent, guardian, or legal representative can relay the pertinent information on their behalf.
4. Having assisted, currently assisting, or likely to assist law enforcement in the investigation or prosecution of the crime. If under 16 years old or unable to provide information due to a disability, a parent, guardian, or legal representative may cooperate with law enforcement on their behalf.
5. The crime occurring within the United States or violating U.S. laws.
   Currently, the wait time for obtaining U nonimmigrant status post-application submission is approximately 6 years. Upon receiving the U visa, individuals become eligible to apply for a green card if they have maintained continuous physical presence in the United States for 3 years.

Here are the distinctions between VAWA and U visa:

VAWA status is granted to applicants who can prove abuse by their U.S. citizen or lawful permanent resident relatives (spouses, parents, or children). VAWA recipients have the opportunity to adjust their status and attain legal permanent residency in a shorter time frame compared to U visa applicants. The processing time for becoming a legal permanent resident after submitting a VAWA/Adjustment of Status application currently ranges between 18 to 24 months.

On the other hand, for U visa applicants, the path to obtaining legal permanent residency is lengthier. After acquiring U nonimmigrant status, applicants must be physically present in the United States for 3 years before they can apply to become legal permanent residents.

Please call attorney Diana Bailey and her team for a free consultation at 503-224-0950.