Immigration Protections for Victims of Sexual Violence

Aisha Chaney of the Law Office of Aisha Chaney, PLLC, in Tallahassee, Florida,  is an immigration attorney who has assisted FCASV by training victim advocates on the needs of undocumented sexual assault victims.  Here, she has answered a few of the most common questions regarding immigration law and provided some helpful tips for best practices when working with survivors who have immigration needs. 

What is a U Visa? 

The U visa is a nonimmigrant status which means that you are temporarily allowed to live and work in the U.S.  This visa may be available when a victim has suffered substantial physical or mental abuse as a result of an enumerated crime.  Some examples of enumerated crimes are:  rape, torture, trafficking, incest, sexual assault, prostitution, female genital mutilation, kidnapping, witness tampering and obstruction of justice.  The abuse must have taken place in the U.S. and been a violation of U.S. law. An applicant for a U Visa must assist law enforcement in the investigation and prosecution of the crime that caused the abuse.  The U Visa lasts for up to 4 years but you may apply for lawful permanent residence after a period of 3 years. 

What is a T Visa? 

A nonimmigrant status available when a person is a survivor of a severe form of sex trafficking or forced labor. The victim must show that she would suffer extreme hardship if deported.  If the victim is 18 or over, she must cooperate with law enforcement.  The victim’s unlawful presence in the country must relate to the trafficking.  Victims can apply for lawful permanent residency after 3 years but status lasts up to 4 years and may be extended if necessary.

Are there Violence Against Women Act (VAWA) protections for undocumented victims? 

Yes. VAWA provides relief for immigrant victims of sexual assault, human trafficking, and other violent crimes.  VAWA’s protections are to cut off the ability of abusers, traffickers and perpetrators of sexual assault to blackmail their victims with threats of deportation and thus avoid prosecution. Victims applying for VAWA status must have a relationship to an abuser who is a US citizen or lawful permanent resident.  After receiving VAWA status a victim may apply for permanent residency.

What are 287(g) agreements? 

287(g) refers to a section of the Immigration and Naturalization Act.  The agreements authorize the Department of Homeland Security (DHS) to work with state and local law enforcement agencies, permitting designated officers to perform immigration law enforcement functions.  Local officers performing immigration law functions are trained and supervised by Immigration and Customs Enforcement (ICE) agents.  These local and state officers are allowed necessary resources and latitude to pursue investigations relating to a variety of crimes including, but not limited to, human smuggling, gang/organized crime activity, and sexual  offenses.  To find out if your local law enforcement agency has a 287(g) agreement with ICE, please visit http://www.ice.gov/partners/287g/Section287_g.htm.

These are only brief explanations of federal laws and provisions related to protections for victims of sexual violence who are undocumented immigrants.  Please contact an experienced immigration law attorney for more complete information regarding procedural rules and requirements for visa and citizenship applicants. Here are some resources for more information or for help finding an immigration attorney:

Ebony Tucker, FCASV Attorney, 850-297-2000 or etucker@fcasv.org

Florida Immigrant Advocacy Center, 305-573-1106 

Aisha Chaney, The Law Office of Aisha Chaney, PLLC, 850-728-8734

Florida Legal Services, (850) 385-7900