Asylum & Victim Cases

The U.S. Immigration Laws provide special options for individuals who have been victims of crimes, have been persecuted in their home countries, who have been trafficked into the United States, who are unaccompanied minors, or who have been victims of domestic violence.

Chapman & Roberts, P.A. has experience working with individuals who have gone through traumatic life events, and we want to help you during these times to seek the best options that are available. Please contact us to schedule a consult where we can assist you with your immigration case, and help you get the assistance you deserve.

Asylum

You may be eligible for Asylum if you fled to the United States because you were persecuted for any of the following reasons, or because you fear future persecution for any of the following reasons:

1) Race;

2) Religion;

3) Nationality;

4) Membership in a particular social group; or

5) Political Opinion

Filing an asylum case is very complex, and there are time limits on when the asylum application must be filed. It is important that you speak with an immigration attorney as soon as possible in order to determine if asylum is an option for you and your family member.

Special Immigrant Juvenile Status

Special Immigrant Juvenile Status (SIJS) is an immigrant classification for children who are in the United States that have been abandoned, neglected, or abused by one or both of their parents. If an individual qualifies for SIJS, he or she can ultimately apply for legal permanent residence here in the United States.

U-Visa

The U-Visa was created to establish a better relationship between law enforcement and their local immigrant community. In order to be eligible for a U-Visa we must provide evidence of the following:

1) You were a victim of a qualifying crime;

2) You suffered physical or emotional abuse as a result of the crime;

3) You have information about the criminal activity;

4) You were helpful, are helpful, or will likely be helpful in the investigation or prosecution of the crime; and

5) The crime occurred in the United States or violated U.S. laws.

Applying for a U-Visa is a two step process. First, we must contact the office investigating the crime (law enforcement or District Attorney office) and have them sign a U-Visa Certification. You must have a signed U-Certification in order to apply for a U-Visa. Second, we draft the U-Visa application, create a file with all the supporting evidence, and file the U-Visa with USCIS.

It is important to note that each investigative office has its own policies on signing U-Certifications. Therefore, it is important to hire an attorney that has knowledge of the different policies.

The attorneys at Chapman & Roberts, P.A. have worked with investigating offices all around North Carolina, and in various other states. We make sure to stay up to date on each offices policy changes in order to provide the best legal services to our clients.

VAWA

Unfortunately, many individuals are victims of abuse caused by a family member. If you have been a victim of abuse, you may be eligible to obtain certain immigration benefits. The Violence Against Women ACT (VAWA), creates immigration opportunities for individuals who have been victims of battery or extreme cruelty committed by:

1) A U.S. Citizen spouse or former spouse;

2) A U.S. Citizen parent;

3) A U.S. Citizen son or daughter;

4) A Lawful Permanent Resident spouse or former spouse; or

5) A Lawful Permanent Resident parent.

It is important to note that abuse can look different in every situation. You can be a victim of abuse even if you were not physically abused. We have experience talking to individuals that have suffered from many different forms of abuse. We will help you find the help you need, and determine your best immigration options.

T-Visa

The T-Visa is an immigration benefit for victims of human trafficking. Federal Law defines human trafficking as:

1) Sex Trafficking: When someone recruits, harbors, transports, provides, solicits, or obtains a person for the purpose of a commercial sex act, where the commercial sex act is induced by force, fraud, or coercion, or the person being induced to perform such act is under 18 years of age; or

2) Labor Trafficking: When someone recruits, harbors, transports, provides, or obtains a person for labor or services through the use of force, fraud, or coercion for the purpose of involuntary servitude, peonage, debt bondage, or slavery.

The following must be proved to be eligible for the T nonimmigrant visa:

1) You are a victim of severe form of human trafficking as defined above;

2) You are in the United States, American Samoa, Commonwealth of the Northern Marian Islands, or at a port of entry due to trafficking;

3) You comply with any reasonable requests from a law enforcement agency for assistance in the investigation or prosecution of human trafficking; and

4) You will suffer extreme hardship if you were removed from the United States.

The definitions for human trafficking are very complex, and it is sometimes very difficult to determine whether your facts fall under the federal definition. Therefore, it is very important for you to talk to an attorney if you think you may have been a victim of trafficking.

S-Visa

The S-Visa is for individuals who assist law enforcement officers by being a witness or an informant regarding a criminal organization. The S Visa petition must be submitted by the law enforcement office. If you are providing assistance to a law enforcement office, you should talk to an attorney. It is important that you are represented through the entire process of providing information, and that your rights are protected. Chapman & Roberts, P.A. can help protect your rights, and make sure that the law enforcement office follow through with its promise to submit the S Visa Petition.