Law Offices of Pejman Behkar, APCImmigration & Nationality LawConsultations in English, Español and فارسی (Farsi)
Humanitarian immigration relief
VAWA self-petitions and U nonimmigrant status are separate humanitarian pathways with different eligibility rules and evidence. A VAWA self-petition may allow certain abused spouses, children, or parents of U.S. citizens or lawful permanent residents to file without the abusive relative’s knowledge or consent. U status is for qualifying crime victims who meet statutory requirements, including helpfulness to law enforcement.
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Who this service is for
How the firm approaches the matter
These are general considerations, not a conclusion about any person's eligibility or likely outcome.
VAWA can permit certain qualifying spouses, children, and parents to self-petition without the abusive family member’s knowledge or consent. The review commonly examines the qualifying relationship, the abuser’s status, shared residence where required, good-faith marriage in spousal cases, battery or extreme cruelty, and good moral character, together with any adjustment or admissibility issues.
U status is designed for victims of qualifying criminal activity who suffered substantial physical or mental abuse and meet cooperation requirements. A qualifying agency’s certification is a required part of the process, but certification alone does not establish eligibility or guarantee approval.
Humanitarian cases are not limited to one kind of proof. Depending on the claim, the record may include personal declarations, witness statements, messages, photographs, medical or counseling records, shelter or social-service records, financial documents, police or court records, and other credible evidence. The available proof and any gaps should be assessed sensitively and accurately.
The firm considers safe communication methods and whether the humanitarian filing interacts with a family petition, adjustment application, waiver, work authorization, removal case, or prior order. Prospective clients should use the secure MyCase intake for documents and avoid sending A-numbers, Social Security numbers, or detailed abuse narratives through ordinary email.
The website publishes the fee for an initial humanitarian consultation. Any representation fee depends on the specific pathway, family members included, evidence and translation needs, admissibility issues, related applications, and court posture. A written agreement explains the services and fee before representation begins.
Prepare for a focused consultation
Do not delay an urgent consultation merely because a record is unavailable. Tell the office what exists and what is missing.
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No. USCIS states that a qualifying person may file a VAWA self-petition without the abusive family member’s knowledge or consent. Eligibility still depends on the required relationship, status, conduct, and other statutory elements.
VAWA law refers to battery or extreme cruelty, so the analysis is not limited to visible physical injury. The conduct, relationship, available evidence, and all eligibility requirements should be reviewed individually.
A police report can be relevant when one exists, but USCIS evaluates the record under the applicable evidentiary rules. Whether other credible evidence can establish the required facts depends on the particular case.
A qualifying law-enforcement, prosecutor, judge, or other authorized agency signs a certification addressing qualifying criminal activity and the person’s helpfulness. It is a required piece of a U-visa filing, but USCIS makes the final immigration decision.
They may affect or interact with Immigration Court proceedings, but the strategy depends on jurisdiction, timing, custody status, prior orders, and other applications. The humanitarian and court records should be reviewed together.
Official resources
Government pages can explain general procedures, but they do not replace advice based on a complete record.