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Interview with an Immigration Lawyer on Navigating Immigration Law for Victims of Abuse




I recently had the pleasure of interviewing a former law school colleague, James Hernandez, on my family law podcast. James is an experienced immigration attorney with a focus on helping victims of abuse navigate the complexities of the US immigration system. We discussed two important avenues for relief: the Violence Against Women Act (VAWA) I-360 self-petition and the U-Visa (I-918 with Supplement B).


Why This Matters

Immigration law is complex, and even more so when there has been domestic violence or other criminal victimization. These important visa programs offer potential paths to safety and stability for those suffering abuse at the hands of a US citizen or lawful permanent resident spouse, parent, or child. It's vital for victims in these difficult situations to know their options.


VAWA I-360: Protecting Abused Spouses, Children, and Parents

  • Who qualifies: The VAWA I-360 self-petition allows abused spouses, children, or parents of US citizens or lawful permanent residents to apply for a green card without their abuser's knowledge or cooperation.

  • Importance: This route empowers victims to break free from dangerous situations without being dependent on their abuser's involvement in the immigration process.


U-Visa (I-918 with Supplement B): For Victims of Serious Crimes

  • Who qualifies: The U-Visa is designed for victims of a wide range of qualifying crimes (domestic violence, assault, sexual abuse, and others) who have cooperated with law enforcement in the investigation/prosecution of the crime.

  • Importance: The U-Visa offers a potential path to lawful permanent residency and provides protection from deportation while the application is pending.


Key Similarities and Differences

  • Similarities: Both VAWA I-360 and U-Visa applications share the central goal of offering a pathway to stability and safety for victims of serious abuse or crimes.

  • Differences: VAWA I-360 is specifically focused on abuse perpetrated by a US citizen or lawful permanent resident within a family context. The U-Visa provides relief for victims of a broader range of serious crimes and requires active cooperation with law enforcement.


Don't Face This Alone: Contact James Hernandez

  • If you or someone you know has suffered abuse and has concerns about immigration status, reaching out to a skilled immigration attorney is crucial. James Hernandez has the compassion and expertise to guide you through the process.


Please follow James Hernandez on social media and visit his website!

Phone: (713) 789-0660




(c) 2023 Christopher Meyer Law Firm, PLLC All Rights Reserved The information on this video is for general information, entertainment and educational purposes only. Nothing herein should be taken as legal advice for any individual case or situation This information is not intended to create, and receipt or viewing does not constitute, an attorney client relationship Please call (281) 845-2472 if you have any questions about this disclaimer.

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