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Legal Information: Federal


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January 30, 2018

Can I get U visa status even if the abuser is undocumented? What if we are not married?

Yes.  The immigration status of the abuser does not matter for U visa status (unlike protections offered under VAWA).  The abuser can be undocumented, or s/he can be a U.S. citizen or lawful permanent resident.  Also, unlike VAWA, you do not have to be married to the abuser to be eligible for U visa status.*  If you were abused by an intimate partner, the only thing that matters is that you meet the qualifications for getting U visa status as explained in the Eligibility section.

* INA § 101(a)(15)(U)