Vawa, U Visa And Asylum !
Immigration Law
Navigating the ever-evolving landscape of immigration laws and procedures is a daunting task. That’s where our seasoned legal team at Dentons comes in – we understand the crucial importance of having expert guidance to swiftly and effectively maneuver through the complexities of immigration regulations. Our global team boasts a wealth of hands-on experience and an in-depth understanding of immigration rules and regulations worldwide. We are committed to shepherding you through the immigration application process with precision and efficiency, ensuring smooth progress for entrepreneurs, skilled individuals, and their accompanying family members.
Dentons takes pride in our highly skilled team’s specialization in advising individuals seeking entry into Europe, Canada, the UK, and the US. Our services encompass a wide spectrum, including permanent residence applications, citizenship processes, and immigration appeals.
Our accomplished lawyers are well-versed in individual immigration matters, offering invaluable assistance to clients whether they are traveling internationally or relocating within any jurisdiction where our firm operates. With a well-established network of international offices and trusted referral partnerships, Dentons is exceptionally equipped to provide comprehensive guidance and unwavering support to clients in need of global relocation solutions, regardless of the complexity of their circumstances.
FAQ
Q: What is VAWA (Violence Against Women Act)?
A: The Violence Against Women Act (VAWA) is a federal law that provides protection and support for victims of domestic violence, sexual assault, and other forms of gender-based violence. It allows certain abused non-U.S. citizen spouses, children, and parents of U.S. citizens and lawful permanent residents to self-petition for lawful immigration status independently from the abuser.
Q: Who is eligible to self-petition under VAWA?
A: Eligible individuals under VAWA include abused spouses, children, and parents of U.S. citizens or lawful permanent residents. They must demonstrate a qualifying relationship with the abuser and provide evidence of the abuse they suffered or are suffering.
Q: What is a U Visa?
A: A U Visa is a nonimmigrant visa that is available to 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 those crimes. The U Visa allows recipients to live and work legally in the United States for up to four years and can lead to lawful permanent residency.
Q: What crimes qualify for a U Visa?
A: Qualifying crimes for a U Visa include domestic violence, sexual assault, human trafficking, kidnapping, and other offenses that caused physical or emotional harm. The victim must have suffered substantial abuse and be willing to cooperate with law enforcement in the investigation or prosecution of the crime.
Q: What is asylum?
A: Asylum is a form of protection granted to individuals who have suffered persecution or have a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion in their home country. Asylum allows them to stay in the United States and eventually apply for lawful permanent residency.
Q: Who is eligible for asylum?
A: To be eligible for asylum, an individual must demonstrate that they have a credible fear of persecution or have already suffered persecution due to one of the protected grounds (race, religion, nationality, membership in a particular social group, or political opinion). They must apply within one year of their arrival in the United States, although exceptions can be made under certain circumstances.
Q: Can VAWA self-petitioners and U Visa holders apply for asylum?
A: Yes, VAWA self-petitioners and U Visa holders may be eligible to apply for asylum if they meet the requirements for asylum based on persecution related to one of the protected grounds. However, each case is unique, and it’s advisable to consult with an immigration attorney to understand the best approach.
Q: Can I work in the United States if I have applied for VAWA, U Visa, or asylum?
A: Both U Visa holders and applicants for U Visas are eligible to apply for work authorization. VAWA self-petitioners can also apply for work authorization. Asylum seekers are eligible to apply for work authorization if they have been in the U.S. for at least 150 days and have not yet received a decision on their asylum application.