Immigrant Survivors Project

• VAWA Self-Petition

Protection under the Violence Against Women Act (VAWA) allows an individual who has been subjected to physical, emotional, sexual,  or psychological abuse at the hands of their family member (spouse, parent, or adult child) to escape the cycle of violence by petitioning for their own immigration status, and not having to rely on their abuser. ISP educates victims about their rights under VAWA and provides direct representation to access these protections.

•  U Visa

Under the Victims of Trafficking and Violence Prevention Act (VTVPA), Congress created an immigration visa for individuals who have been the victim of serious crimes, including domestic violence and sexual assault. This status, known as the U Visa, encourages undocumented survivors to report these crimes to law enforcement agencies and the justice system in an effort to make communities safer and hold perpetrators accountable. Survivors who cooperate with the investigation or prosecution of the crime may be eligible to apply for the U Visa, and ultimately apply for lawful permanent residency in the United States.

• T Visa

The T Visa was also authorized by Congress under the VTVPA and provides protection to individuals who have been brought to the U.S. through force, fraud, or coercion. The T Visa encompasses individuals who have been subjected to commercial sex trafficking, as well as labor trafficking, and who have cooperated with law enforcement to investigate the crime and bring the traffickers to justice. Eligible survivors gain the ability to work in the United States and eventually apply for residency for themselves and certain family members.

•  Battered Spouse (I-751) Waiver

Conditional permanent residents who have been subjected to battery and/or extreme cruelty at the hands of their U.S. citizen spouse may be able to apply for a waiver of the joint filing requirement to remove the conditions on their green card. Survivors must show that they married in good faith but that due to the abuse, their spouse is unwilling, or it is unsafe, to file jointly. If the waiver request is approved, a survivor will receive full permanent residency without any reliance on their abusive spouse.