Victims of Crime — Confidential Immigration Help

U.S. immigration law provides specific protections for people who have survived crime, domestic violence, human trafficking, or childhood abuse and neglect. These protections — U-visas, T-visas, VAWA self-petitions, and Special Immigrant Juvenile Status — can lead to lawful status and, eventually, a green card, often regardless of how you entered the United States or your current immigration status.

I am Anna Ignatenko McLean (formerly known as Anna Ignatenko McLean). I have practiced immigration exclusively for 15+ years and represent survivors with confidentiality, care, and patience. Consultations in English, Russian, and Spanish.

Your consultation with me is protected by attorney-client privilege. I do not share your information without your permission. If you are in immediate danger, please call 911 first.

U-Visa — for Victims of Qualifying Crimes

The U-visa is available to people who have been victims of certain qualifying crimes in the United States, who suffered substantial physical or mental abuse as a result, and who are helpful to law enforcement in the investigation or prosecution of the crime.

Qualifying crimes include:

Abduction, abusive sexual contact, blackmail, domestic violence, extortion, false imprisonment, female genital mutilation, fraud in foreign labor contracting, hostage-taking, human trafficking, incest, involuntary servitude, kidnapping, manslaughter, murder, obstruction of justice, peonage, perjury, prostitution, rape, sexual assault, sexual exploitation, slave trade, stalking, torture, trafficking, unlawful criminal restraint, witness tampering, and related crimes.

Key points:

  • A law enforcement certification (Form I-918, Supplement B) is required, but the perpetrator does not need to have been arrested or convicted.

  • U-visa provides four-year status with employment authorization.

  • Eligible to apply for a green card after three years of continuous U.S. residence in U-visa status.

  • Annual cap of 10,000 principal U-visas creates a multi-year wait, but applicants typically receive deferred action and work authorization while waiting.

  • Spouses, children, and certain other family members may qualify as derivatives.

T-Visa — for Victims of Human Trafficking

The T-visa is for survivors of severe forms of human trafficking — those subjected to force, fraud, or coercion for sex trafficking or for labor or services.

  • Provides four-year status with employment authorization.

  • Eligible to apply for a green card after three years of continuous U.S. residence (or sooner if the investigation/prosecution concludes).

  • Cooperation with law enforcement is generally required, with limited exemptions including age and trauma.

  • Family members may qualify as derivatives.

VAWA Self-Petition — for Abused Spouses, Children, and Parents

The Violence Against Women Act (VAWA) — which applies to people of any gender — allows the abused spouse, child, or parent of a U.S. citizen or lawful permanent resident to self-petition for immigration status without the abuser's knowledge, consent, or sponsorship.

Important: VAWA does not require physical violence. Emotional abuse, psychological abuse, controlling behavior, and threats also qualify.

Who can self-petition?

  • Abused spouse of a U.S. citizen or LPR (including former spouse if the divorce was within 2 years and connected to the abuse)

  • Abused child (unmarried, under 21) of a U.S. citizen or LPR

  • Abused parent of a U.S. citizen son or daughter who is 21 or older

What VAWA provides:

  • Lawful status independent of the abuser

  • Employment authorization

  • Eligibility to apply for a green card (immediate for abused spouses of U.S. citizens; preference category for spouses of LPRs)

  • Continued eligibility even if the abuser dies, divorces you, or loses status — within certain windows

Special Immigrant Juvenile Status (SIJS)

SIJS is a path to permanent residency for unmarried children under 21 who have been abused, abandoned, or neglected by one or both parents and for whom returning to their home country is not in their best interest. SIJS is a three-step process:

  1. Obtain a predicate order from a state juvenile, family, or probate court making the required findings.

  2. File Form I-360 with USCIS within 180 days of the state court order.

  3. Once a visa is available (subject to category and country wait times), file for adjustment of status to permanent residence.

How I Work With Survivors

You work with me, from start to finish. You will not have to retell your story to a parade of attorneys, associates, or paralegals. I am the attorney who hears your situation, assists you in preparing your declaration and supporting evidence, files your petition, and represents you at your interview or hearing. For survivors, continuity matters — you work with one person who will carry your case to the end.

Confidentiality. Your information is protected by attorney-client privilege. I do not contact your abuser, your employer, or anyone else without your permission.

Pace. Survivors often need time to gather documents, decide what to share, and make decisions. I will not rush you.

Multilingual. I conduct your case in English, Russian, or Spanish — without an interpreter who is a stranger to your story.

Practical safety planning. I can help you think through where to receive mail, whom to list as emergency contacts, and how to communicate with my office safely.

Frequently Asked Questions

Will my abuser find out I am filing for VAWA?

USCIS does not notify the abuser of a VAWA self-petition. There are strict confidentiality protections built into the program. I take additional steps to keep our communications secure and to coordinate where mail is sent.

I am undocumented. Can I still apply for a U-visa or VAWA?

Yes. These programs were designed specifically to protect survivors regardless of current immigration status.

Do I need to press charges or testify in court for a U-visa?

You must be helpful to law enforcement, but you do not need to press charges, and the perpetrator does not need to be arrested or convicted. The law enforcement certifying agency confirms your helpfulness.

My abuser is also a U.S. immigrant — does VAWA still apply?

VAWA self-petitions require that the abuser be a U.S. citizen or lawful permanent resident. If your abuser does not have one of these statuses, the U-visa may apply if the underlying conduct is a qualifying crime.

Will applying affect my children?

In most cases, children of survivors can be included as derivatives or have their own protections. We will review each child's situation specifically.

Resources

  • National Domestic Violence Hotline: 1-800-799-7233 (24/7, confidential, multiple languages)

  • National Human Trafficking Hotline: 1-888-373-7888 (24/7, confidential)

  • If you are in immediate danger: Call 911.