U Visa or a VAWA Self Petition? What’s Best for You?

The U.S immigration law has set aside three visa categories for victims of crimes and domestic violence who may wish to stay in or come to the country when they might not otherwise be able to do so.

These visa categories include:

• U visa
• VAWA self-petition, and
• T visa

Since the eligibility statuses for these visa categories often overlap in requirements, determining which one is best suited for you given your existing circumstances can be difficult.

In this post, we’ll be specifically discussing U visa and VAWA self-petition; that is, when it’s best for you to apply for a U visa and when you’d be better off with filing a VAWA self-petition.

There is a limit on U visa, but no cap on VAWA self petitions

The first thing you ought to know is there is a limit on U visa applications, meaning, only a limited number of U visas are given out each year by the U.S Citizenship and Immigration Services. The statutes have set this limit to 10,000 visas. On the contrary, there is no such restriction on VAWA self petitions.

To file a VAWA self petition, you must have a qualifying relative

Although VAWA does not require the cooperation of the relative who is abusing you, to be eligible under the visa category, your relative must be a legal permanent resident or citizen of the U.S. If your offender is not a permanent resident or U.S citizen, you’ll not be eligible to apply under the VAWA category. Also:

• If you’re applying as a parent who has been subjected to domestic abuse by your adult child, he or she must be over 21 years old for your application to be considered valid.
• If you’re applying as a child who has been abused or battered by your parent or stepparent, you must be unmarried and under 21 years old to be considered eligible under the visa category.

U visa does not require a qualifying relative to apply.

Your U visa application needs to be vouched by a law enforcement official

Both U visa and VAWA were primarily introduced to assist U.S law enforcement officials to identify activities of crime and domestic abuse in the society and reinforce the U.S social justice system. To apply for either, you need to submit concrete evidence to the officials.

However, to qualify for U visa, you must also get your application “vouched” by the law enforcement official who is handling your case. This is mostly in the form of “Certification of Helpfulness” that you need to submit with your U visa application. The certificate is issued by the law enforcement official.

VAWA requires affirmative showing of “Good moral character”

To file a VAWA self petition, you must be able to demonstrate good moral character to the U.S Citizenship and Immigration Services. For a U visa, you only need to show that you’ve not been previously involved in any criminal conviction or immigration violations.

Regardless of the visa category you apply for, you’ll need to represent your case strongly to the U.S Citizenship and Immigration Services, so it’s advisable to seek help of an experienced visa immigration specialist.

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