Maxidova Immigrants Face Unique Challenges

Maxidova immigrants—especially those who are victims of crime—face unique challenges that can be difficult to overcome. These challenges can range from language barriers to fear of deportation, which can make it difficult for them to seek help and access the resources they need. Victims of crime may also experience trauma and a sense of isolation, which can further exacerbate their difficulties. Beyond that, some may be reluctant to report crimes out of fear of retaliation or a lack of trust in law enforcement. 

Here is the good news: There are specialized immigration options available for crime victims. Maxidova Immigration is an immigration law firm made up of people from immigrant families. We are committed to helping vulnerable people throughout Westchester county to find immigration solutions that work.  

An Overview of the U Visa Process

The United States Citizenship and Immigration Services (USCIS) explains that a U visa is a non-immigrant visa that is reserved for “victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity.” A U visa allows a recipient to live and work in the U.S. for a period of up to 4 years. Notably, U Visa holders can eventually apply for permanent residency.

The process of obtaining a U Visa begins with the victim reporting the crime to the appropriate law enforcement agency. The applicant must then obtain a certification from a qualifying agency, such as a police department, prosecutor’s office, or a judge, which attests to their cooperation in the investigation or prosecution of the crime. This certification, known as Form I-918, Supplement B, is a critical component of the U Visa application. Once the certification is obtained, the applicant must complete and submit Form I-918, Petition for U Nonimmigrant Status, along with the Supplement B certification and other required documentation, such as personal statements, evidence of the crime, and proof of the substantial harm suffered by the victim. 

What to Know About the Immigration Provisions of the Violence Against Women Act (VAWA)

The Violence Against Women Act (VAWA) is landmark legislation enacted by the United States Congress in 1994 to protect and support victims of domestic violence, sexual assault, and other forms of violence against women. In addition to creating numerous programs and resources for victims, VAWA also includes specific immigration provisions designed to offer relief and protection to immigrant victims of abuse. Notably, this is a gender-neutral law. Men are also protected by the VAWA. Here are some key aspects of the VAWA immigration provisions:

SELF-PETITIONING: VAWA allows eligible victims of abuse to self-petition for lawful immigration status independently of their abuser. This enables victims to escape abusive situations without fear of losing their immigration status or being deported.

ELIGIBILITY: To qualify for VAWA immigration benefits, the victim must be a spouse, child, or parent of a U.S. citizen or lawful permanent resident (LPR) abuser. The victim must also demonstrate a good-faith marriage, a history of abuse, and good moral character.

CONFIDENTIALITY: VAWA ensures that any information provided by the victim during the self-petition process remains confidential and cannot be disclosed to the abuser or used against the victim in any adverse immigration proceeding.

REMOVAL CANCELLATION: VAWA provides an opportunity for eligible victims to have their removal proceedings canceled, allowing them to adjust their status to that of a lawful permanent resident.