Victims of Domestic Violence or Human Trafficking

Violence Against Women Act (VAWA) Self-Petition

The Violence Against Women Act (VAWA) Self-Petition offers protection for non-citizen victims of domestic abuse in Nevada and across all states. The VAWA, enacted in 1994, allows victims married to U.S. citizens or permanent residents to seek legal immigration status independently, without the cooperation of the abusive spouse. In Nevada, the process involves filing a Form I-360 with U.S. Citizenship and Immigration Services (USCIS), backed by evidence of the marriage, abuse, and good moral character.

This provision reduces fear around immigration status for victims, enabling them to escape abusive relationships without the threat of deportation. Once approved, victims can apply for employment authorization and later for lawful permanent residency. Nevada also offers local support resources for domestic violence victims, such as legal aid, shelters, and counseling services. The VAWA Self-Petition is a critical tool that provides domestic abuse victims in Nevada with a pathway to secure independent immigration status and rebuild their lives.

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Battered Spouse or Child Waiver

The Battered Spouse or Child Waiver in Nevada allows immigrant spouses or children who have been abused by their U.S. citizen or lawful permanent resident spouses or parents to apply for immigration relief independently, without the abuser’s knowledge or consent.

This provision, also known as the VAWA (Violence Against Women Act) self-petition, is a part of federal law, and it applies in all U.S. states including Nevada. The purpose of this waiver is to provide victims of domestic violence a safe path to lawful immigration status, allowing them to escape abusive situations without fear of deportation.

Applicants for this waiver must meet certain requirements, which include demonstrating that they lived with the abusive family member at some point, that the abuse occurred in the United States (unless the abuser is an employee of the U.S. government or a member of the U.S. uniformed services), and that they are people of good moral character.

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U Visa

The U Visa is a federal U.S. program, inclusive of Nevada, granting temporary legal status to victims of certain crimes who have suffered mental or physical abuse and are assisting in investigations or prosecutions. To apply, one must submit Form I-918 to the USCIS, including a supplement, Form I-918, Supplement B, signed by an authorized law enforcement official.

This official must verify the applicant was a victim of a qualifying crime and was, is, or is likely to be helpful in its investigation or prosecution. Some immediate family members may also qualify. Once granted, a U Visa allows a person to live and work in the U.S. for up to four years, with the possibility of applying for permanent residency after three years.

There are no specific U Visa rules unique to Nevada, but local law enforcement and organizations may have particular practices. It’s recommended to consult with an immigration expert or attorney for the application process.

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T Visas (Trafficked Victims)

A T Visa, otherwise known as a T Nonimmigrant Status, is a type of visa available to victims of human trafficking, which includes both labor trafficking and sex trafficking. It is intended to provide protection to victims and enable them to stay in the United States to aid in the investigation or prosecution of human trafficking cases.

Although federal laws govern T Visas, they can be applied for and utilized by victims living in any state, including Nevada. Nevada, as a destination and transit spot for both international and domestic trafficking, has a significant number of cases each year and, as such, makes frequent use of T Visas.

In Nevada, individuals, both adults and minors, who can prove they are victims of severe forms of trafficking, are present in the United States due to trafficking, and are willing to assist in the investigation or prosecution of traffickers may be eligible for a T Visa. It is also required that the victim would suffer extreme hardship involving unusual and severe harm if removed from the U.S.

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