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Victims of Crime
Victims of Crime Attorney in Raleigh, North Carolina
Nobody wants to become a victim of any criminal activity, especially offenses involving domestic violence and human trafficking. Unfortunately, illegal activities are not entirely avoidable. If you have been a victim of a crime, it is crucial to immediately find an attorney who can help you with any legal process that you will face. Our victims of crime attorney in Raleigh, NC can help victims of crime receive the protection you deserve.
Victims of certain crimes may try to avail of immigration relief. Depending on the current immigration status and other factors, immigrants who become victims of specific crimes or similar crimes can apply for certain visas.
Our professional team at Diener Law has represented individuals and families with all sorts of immigration issues. Our knowledgeable North Carolina immigration attorneys will look closely into your case and provide the legal help you need.
How do I find a good immigration attorney for victims of crime?
When seeking legal representation and advice, it is crucial to look for someone who has extensive experience handling cases similar to yours. Without the help of an experienced victim of crime attorney, it will be difficult to determine the possible options and decide on the best course of action.
Many immigrants suffer abuse because of their legal status. They are usually targeted by criminals but are also bound by fear of reporting crimes to the police. With this in mind, Congress created special immigrant groups that are meant for victims of certain crimes. However, simply being victims of a crime will not automatically enable a foreign national to get a visa and lawful permanent status.
Consult us at Diener Law today. Our immigration lawyers in North Carolina can help victims of crime and explain special laws that apply to crime victims and the related legal proceeding. Contact our office for a free, confidential consultation today.
The Immigration Process for Victims of Crime
Undocumented victims of crime (such as domestic violence and human trafficking) are among the most vulnerable in the immigrant community. Non-US citizen crime victims may be eligible for protections created by Congress and be spared from suffering in silence for fear of deportation and separation from their families.
However, it is essential to speak with a victim of crime attorney in North Carolina who will take time to listen to every detail about the case. You will need an attorney who will be proactive and respond to clarifications related to information pertinent to the case. This is because obtaining the required certification from the police can be difficult, especially for victims who may not speak English fluently. The same is true for immigrants who may be unfamiliar or afraid of the police.
At Diener Law, our legal team will comprehensively explain relevant immigration laws and employ an effective case-management system to ensure that your case moves smoothly. Our diligent and trusted North Carolina immigration attorneys will work hard to make sure that you get the best possible results. We can help you stop deportation or adjust status in the U.S.
Immigration Policies for Victims of Crime
Many immigrants are fearful of admitting that they have been a victim of a crime. Most of the time, this is because they fear they will be subject to removal proceedings and deported to their home country if they report the crime. Unknown to many, there are specific protections for victims of domestic violence, victims of certain crimes, and victims of human trafficking.
Through the Department of Homeland Security, United States law provides several protections for legal and undocumented immigrants who have been victims of a crime. For example, a U Visa or T Visa can enable a person to stay and work in the US. This will allow you to remain with your family and continue the life that you want and deserve. It may even be a path to permanent residency and, eventually, citizenship in the United States.
If you are of a different nationality and have become a victim of a crime, there may be immigration benefits you can apply for. Not many are aware that foreigners under specific circumstances may be eligible to secure legal immigration status in the United States.
If you wish to learn more about these things, give our team at Diener Law a call. Consult with our reliable victim of crime lawyers in North Carolina today.
Filing Claims to Court
Being a foreign national in another country can be very difficult. This is especially true for an undocumented alien, who often feels threatened and beleaguered given their legal status. This is why it is essential to be aware of US immigration policies that provide certain benefits to foreign-born individuals who have been victims of violence and certain criminal activities.
Under the criminal justice system, juries and judges decide whether a defendant is innocent or guilty. The criminal court decides on the punishment that will be sentenced to an offender. Prosecutors generally handle criminal cases in criminal courts. Victims of crime, however, may bring a case to court through the civil justice system.
A civil court can order the perpetrator of a crime to pay for medical expenses, lost income, pain and suffering, psychological injuries, and other non-economic damages. Victims of violent crimes may even file legal claims against a company or institution whose negligence allowed the crime to occur. Additionally, civil courts may even award punitive damages to deter other potential defendants.
Contact us at Diener Law to know more about protecting your legal rights. Dial 888-361-3349 to schedule a free, confidential consultation.
What is a U Visa?
Foreigners who have reported to law enforcement that they have suffered from certain Qualifying Criminal Activity (QCA) may be eligible for a nonimmigrant visa called the U visa. This is a valid visa that is valid for four years and comes with employment authorization.
Under relevant immigration rules, it may eventually lead to legal permanent resident status in the US. Additionally, through family immigration, you may also extend the U status to immediate family members of victims, including spouses and children under 21 years of age.
Who Is Eligible to Apply for a U Visa?
When proceeding with a U visa application, it must be proven that:
- You were a victim of a QCA or substantially similar crime that caused you physical and emotional suffering, or been reported to the authorities and investigated with your aid.
- You would suffer undue hardship if you were to leave the US and return to your home country.
How Long Before I Can Apply for a Green Card with a U Visa?
After three consecutive years of being in the country under U status, visa holders may apply for adjustment of status to obtain green cards or lawful permanent residency.
An aspiring permanent resident must file relevant immigration forms (Form I-485 – Application to Register Permanent Resident or Adjust Status) and establish the following:
- Staying in the United States is warranted based on humanitarian grounds (such as keeping a family together) or is in the public interest
- Being continuously present in the United States for three years
- Continuing to stay in the United States while applying for a green card
- Being otherwise admissible to the United States
To know more about U visas, it is highly recommended to contact a trusted victims of crime attorney from Diener Law. US immigration laws allow victims of crime who are U visa holders to apply for Advance Parole to travel abroad for urgent humanitarian reasons. We can help with your U visa petition, application for advance parole, or other concerns related to US visas and obtaining a permanent resident card.
What is a T Visa?
The T Visa is a nonimmigrant visa primarily meant for victims of human trafficking. This could include sex slavery or trafficking, debt bondage, involuntary servitude, or other similar circumstances.
T visas provide immigration protection to victims of severe forms of trafficking in persons, particularly those who assist law enforcement in investigating and prosecuting these trafficking cases. Qualifying family members may also be eligible to apply for benefits through family-based immigration.
Who Is Eligible to Apply for a T Visa?
A foreigner who becomes a victim of a crime may be eligible to get a special visa, given certain circumstances. In general, while a crime victim is not required to be in legal immigration status, it must be proven that:
- You are a victim of a severe form of trafficking in persons, are physically present in the United States on account of the trafficking, and are willing to comply with any reasonable requests for assistance in the investigation or prosecution (unless below 18 years of age).
- You will be subject to extreme hardship involving severe harm if removed from the United States.
How Long Before I Can Apply for a Green Card with a T Visa?
To apply for a T nonimmigrant status, applicants must file Form I-914, Application for T Nonimmigrant Status, and establish the following:
- Being continuously present in the United States for three years, unless the individual was present in the country for the duration and until the completion of the criminal investigation or prosecution
- Showing good moral character, from the time a T visa was approved and until a US green card is given
- Continuing to stay in the United States while applying for a green card
- Being otherwise admissible to the United States
If you have any clarifications on the above, contact a reliable North Carolina victims of crime attorney from Diener Law.
Fight Back Against Abuse and Protect Your Rights!
Countless immigration applications are processed by the United States Citizenship and Immigration Services (USCIS Office). Among these are those involving humanitarian parole, asylum in the United States, T or U visa, or temporary protected status for non-citizens of the United States.
A dedicated immigration attorney in North Carolina can assist you with relevant USCIS forms. They can also help aspiring permanent residents with a pending US green card application or those who do not have valid immigrant visas who wish to apply for advance parole.
A competent and compassionate legal professional from a North Carolina victim of crime law firm can provide the legal assistance you need. Call us at 888-361-3349 or send our law firm a message today!
Legal Assistance for Victims of Crime in North Carolina
The court has constitutionally protected the legal rights of victims regardless of their nationality and origin. These rights include obtaining community-based services necessary to save their lives and safety, access to police assistance, emergency medical care, and prosecuting perpetrators of crimes against them.
In some instances, immigration policy becomes intertwined with other areas of law, such as criminal law practice. A dedicated immigration attorney in North Carolina can explain this in more detail and assist you with relevant paperwork. Our legal team at Diener Law will work closely with you to make sure that you get the best possible results. Take prompt action for your case. Avail of a free consultation with our reliable North Carolina victim of crime lawyers today.
Consult a North Carolina Immigration Attorney Today!
Applying for a visa through the U or T visa category will involve a lot of paperwork and preparation. Since it involves other government agencies, you must take caution to prevent crucial mistakes.
Additionally, court proceedings and the actual immigration petition would involve highly sensitive information. In general, special confidentiality protections apply to individuals with a U or T nonimmigrant status. This would mean that USCIS cannot disclose any information about you to third parties, except in certain limited circumstances. The USCIS is also prohibited from denying a visa application based on information provided solely by an abuser or other restricted sources.
Availing of immigration benefits for victims of crime can be pretty overwhelming, but it is not impossible. Give us a call now or contact us online. We are here 24/7 to help. Consult our immigration law firm in North Carolina today. We can help you with your immigration application, personal injury claim, or workers’ compensation.