Sexual Assault & Immigration Status
An act of sexual violence can complicate your immigration status in the United States. However, there are some federal laws that provide important protections in some situations. Your current immigration status does not matter, and we will keep your information completely confidential.
Please note: The information on these pages provides general information only. It is not specific legal advice addressing your specific situation.
U Visa:
If you have been a victim of a violent crime, including sexual assault, you may be eligible to apply for a U visa. The U visa is a temporary visa that allows you to remain in the US while you assist in the investigation and prosecution of the crime. This visa may lead to lawful permanent resident status and later citizenship. A lawyer that specializes in immigration law can help you determine whether you qualify for this visa.
T Visa:
If you have been a victim of human trafficking (either international or domestic), you may be eligible to apply for a T visa. The T visa is a temporary visa that allows you to remain in the US while you assist in the investigation and prosecution of the crime. This visa may lead to lawful permanent resident status and later citizenship. A lawyer that specializes in immigration law can help you determine whether you qualify for this visa.
Self-Petition:
If your spouse is a US citizen or lawful permanent resident, and he or she has assaulted or sexually abused you or your child, you may be eligible to apply for your own green card. You can do this without your spouse’s involvement or knowledge. A lawyer that specializes in immigration law can help you determine whether you qualify for this type of relief.
Asylum:
In some cases, immigrants who have been sexually assaulted may qualify for asylum relief. In general, to qualify for asylum, an immigrant must be in danger of persecution in her or his home country on the basis of race, religion, nationality, political opinion, or membership in a particular social group. Before filing a petition for asylum, it is very important to consult with an immigration attorney if possible.