U Visa, VAWA & T Visa Attorney

Congress created the U visa, the T visa and the VAWA self-petition so that survivors of crime, trafficking and domestic abuse can obtain lawful status without depending on the person who harmed them or on an employer. Capitol Law Partners represents survivors in each program, from a confidential first consultation through work authorization and the green card, including clients already in removal proceedings.

What a humanitarian immigration attorney does for you

Identify every form of relief you may qualify for and choose the strongest combination.
Obtain the law enforcement certification or declaration your case needs, including from agencies unfamiliar with the forms.
Draft your personal declaration so it establishes each legal element without forcing you to relive more than necessary.
Prepare inadmissibility waivers, work authorization requests and the adjustment of status application that follows.

The U visa for crime victims

The U visa is for victims of a qualifying crime committed in the United States who suffered substantial physical or mental abuse as a result, have information about the crime, and have been, are being or are likely to be helpful to law enforcement. Qualifying crimes include domestic violence, sexual assault, felonious assault, kidnapping, extortion and trafficking, among others.

The petition is filed on Form I-918 with Supplement B, a certification signed within six months before filing by a police department, prosecutor, judge or another agency with investigative or prosecutorial authority, such as a labor agency or child protective services. Certifiers are not required to sign, so we prepare the request carefully.

Congress limits principal U visas to 10,000 each fiscal year, and far more petitions are filed than the cap allows. Approvable petitions go on a waiting list, and USCIS runs a bona fide determination process: once the petition, Supplement B, personal statement and biometrics are complete, USCIS may grant deferred action and work authorization while the case waits. Spouses, children and, for petitioners under 21, parents and unmarried siblings under 18 may be included on Supplement A. Most grounds of inadmissibility, including unlawful entry and unlawful presence, can be waived on Form I-192 in the public or national interest. After three years of continuous physical presence in U status, you may apply for a green card under INA 245(m), provided you did not unreasonably refuse to assist law enforcement.

The T visa for trafficking survivors

T status is for victims of a severe form of trafficking in persons, meaning sex trafficking or labor trafficking through force, fraud or coercion, who are physically present in the United States on account of the trafficking and would suffer extreme hardship involving unusual and severe harm if removed. The application is filed on Form I-914. You must have complied with any reasonable request from law enforcement to assist an investigation or prosecution, but a trauma exception covers applicants who cannot cooperate because of physical or psychological trauma, and applicants under 18 are exempt. A law enforcement declaration on Supplement B helps but is not required. Family members apply on Supplement A. After three years in T status, or earlier if the investigation or prosecution is complete, you may adjust to permanent residence.

VAWA self-petitions on Form I-360

The Violence Against Women Act lets certain abused relatives of U.S. citizens and lawful permanent residents petition for themselves, without the abuser's knowledge or participation, and it protects men and women alike. You may self-petition as the spouse or former spouse of an abusive citizen or resident (a divorce must be connected to the abuse and the petition filed within two years), as the unmarried child of an abusive citizen or resident, or as the parent of an abusive U.S. citizen son or daughter who is 21 or older. You must show battery or extreme cruelty, which includes psychological and financial abuse as well as physical violence; that you lived with the abuser at some point; a good faith marriage in spousal cases; and good moral character.

Under 8 U.S.C. 1367, DHS may not make an adverse decision using information supplied solely by the abuser and may not disclose information about your case, with narrow exceptions. A prima facie determination from USCIS opens access to certain public benefits while the petition is pending. Once the I-360 is approved, spouses, children and parents of U.S. citizens may file Form I-485 immediately or concurrently, while relatives of permanent residents receive deferred action and work authorization until a visa number is available. VAWA self-petitioners are exempt from the lawful admission requirement for adjustment, so people who entered without inspection can obtain a green card inside the United States.

VAWA cancellation of removal

In immigration court, VAWA cancellation of removal under INA 240A(b)(2) is a separate defense. It requires battery or extreme cruelty by a citizen or resident spouse or parent, three years of continuous physical presence, good moral character, no disqualifying convictions, and extreme hardship to you, your child or your parent. Unlike ordinary cancellation, service of the Notice to Appear does not stop the three-year clock. The immigration judge decides the application, which we often pursue alongside an I-360 with USCIS.

Temporary Protected Status and humanitarian parole

Temporary Protected Status protects nationals of designated countries from removal and provides work authorization while the designation lasts. Humanitarian parole under INA 212(d)(5) allows temporary entry for urgent humanitarian reasons or significant public benefit. Country designations and parole programs changed substantially during 2025, with several terminations litigated in federal court, so we confirm current availability for your nationality before you rely on either.

How these cases interact with removal proceedings

USCIS, not the immigration judge, decides I-918, I-914 and I-360 petitions, so a respondent in removal proceedings files with USCIS and asks the court for a continuance or administrative closure. The BIA's decision in Matter of Sanchez Sosa sets the framework for continuances based on a pending U petition, and the regulations deem a final removal order cancelled by operation of law when U or T status is granted. For detained clients, we pursue release through our detention and bond practice. Enforcement priorities changed in 2025, and a pending application does not reliably prevent detention.

Evidence and documents

Police reports, protective orders, court records and the signed Supplement B or law enforcement declaration.
Your detailed personal declaration, prepared with us in your language, and medical or psychological records documenting the harm you suffered.
Proof of the abuser's status and the relationship, and statements from shelters, counselors, friends and family who witnessed the abuse.
Evidence of good moral character and certified translations of every foreign-language document.

Common problems we solve

Agencies that refuse or delay certification; we explain the law and look for an alternative certifier.
Criminal records or prior removal orders that require a waiver or a motion before the case can proceed.
Years of waiting without a work permit, addressed through bona fide determination requests and, where delay becomes unreasonable, a federal mandamus action.

Why Capitol Law Partners

Cagatay Ersoy, founder and managing partner of Capitol Law Partners, is a graduate of Columbia Law School whose practice spans family-based and humanitarian immigration alongside business law. Our attorneys and staff work in English, Turkish, Spanish, Portuguese and French. We represent clients from Washington, DC, Herndon, Virginia, New York and Minneapolis, and we evaluate related options such as asylum, Special Immigrant Juvenile Status, family-based petitions and the green card through asylum.

Learn more

Talk to a humanitarian immigration attorney

If you have been the victim of a crime, trafficking or family abuse, you may have options that do not depend on anyone else. Schedule a confidential consultation or call +1 (202) 440-2272.

Frequently Asked Questions

Can I apply for a U visa, T visa or VAWA if I have no lawful status?

Yes. All three programs are open to people who entered without inspection, overstayed a visa or were never admitted. U and T applicants can waive most grounds of inadmissibility, including unlawful entry and unlawful presence, on Form I-192. VAWA self-petitioners are exempt from the requirement of a lawful admission when they later apply for a green card, so they can adjust status inside the United States even after an unlawful entry.

Who can sign the U visa certification on Form I-918, Supplement B?

Any federal, state, local, tribal or territorial agency with responsibility for investigating or prosecuting the crime can certify: police departments, sheriffs, prosecutors, judges, and agencies such as the Department of Labor, the EEOC and child protective services. The certification must be signed within six months before filing. Certifiers are not required to sign, and we prepare a complete request that explains the law and your helpfulness to make a signature more likely.

How long does a U visa take, and can I work while I wait?

Because Congress caps principal U visas each year and far more petitions are filed than the cap allows, the wait for a final decision is measured in years. USCIS reviews complete petitions for a bona fide determination and may grant deferred action and work authorization while the case waits. When a petition is approvable but no visa is available, it is placed on a waiting list with similar protection. We confirm current processing practice at your consultation.

Will my abuser find out that I filed a VAWA self-petition?

Not from the government. Under 8 U.S.C. 1367, DHS, the Department of Justice and the State Department may not disclose information about a VAWA, U or T applicant to anyone, including the abuser, with narrow exceptions, and may not make an adverse immigration decision based on information that came solely from the abuser. You do not need the abuser's cooperation, signature or knowledge, and notices are sent to the address you choose.

Can I file a VAWA self-petition after a divorce?

You may self-petition within two years after a divorce if the divorce is connected to the abuse, within two years after the abuser lost citizenship or residence because of a domestic violence incident, and within two years after a U.S. citizen abuser's death. The abuser must have been a U.S. citizen or lawful permanent resident; if not, the U visa or other relief may apply instead. Remarriage before approval is a ground for denial.

Do I have to cooperate with law enforcement to get a T visa?

You must comply with any reasonable request from law enforcement to assist in investigating or prosecuting the trafficking. There is no requirement that a case be opened or that a certification be signed. Applicants under 18 are exempt, and so are applicants who cannot cooperate because of physical or psychological trauma, which we document with medical or psychological evidence. A law enforcement declaration on Supplement B is helpful but optional.

Can my family members get status with me?

Yes. U and T principals who are under 21 can include a spouse, children, parents and unmarried siblings under 18; principals who are 21 or older can include a spouse and children. T applicants may also include certain relatives facing present danger of retaliation. A VAWA self-petitioning spouse can include unmarried children under 21 as derivatives. Family members file on Supplement A to the I-918 or I-914 and receive work authorization and a path to a green card.

I am in removal proceedings or have a removal order. Can I still apply?

Yes. USCIS decides U, T and VAWA petitions even when you are in immigration court, and we ask the judge for a continuance or administrative closure while USCIS acts. VAWA cancellation of removal is a separate defense the judge can grant. The regulations provide that a final removal order is deemed cancelled by operation of law when U or T status is granted, and we may request a stay of removal from ICE while a case is pending.

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U Visa, T Visa and VAWA Attorney: Humanitarian Protection Lawyers