The Oklahoma Bar Journal October 2025

regardless of race, language, nationality or economic status. While it is evident that it is our duty as citizens to help victims of abuse, this also extends to when the victim is undocumented. Because of their unlawful status, undocumented individuals are more likely to be the victims of crime. 5 They have become easy prey for criminals because of their fear of arousing the suspicion of immigration authorities. They are also seen as easy prey because of the language barriers they have with law enforcement authorities to properly report crimes and abuse. Their fear and language barriers make it more likely that they will be victimized numerous times before they gain the cour age and assistance to try to stop the cycle of abuse. Recognizing these struggles and the need to empower the members of our community, Congress adopted numerous laws that provide immi gration relief to victims of abuse and crimes. The Violence Against Women Act (VAWA) 6 provides protection and a pathway to lawful perma nent status for individuals who have suffered abuse at the hands of someone with lawful permanent resident status or a U.S. citizen family member. To qualify for VAWA, one must be married to or recently divorced from a U.S. citi zen or lawful permanent resident holder. A parent of a 21-year-old or older U.S. citizen child may also qualify, as well as a child (25 years or fewer) of a U.S. citizen or lawful permanent resident. Additionally, men also qualify for protection under VAWA. In these relationships, TYPES OF RELIEF VAWA

As a result of applying and being approved for one of the immigration benefits described in this article, the undocumented immigrant receives the authorization to work and the protection to remain in the United States.

visa status with the U.S. Citizenship and Immigration Services (USCIS). It is important to note that there is no deadline to apply for U visa status, but some police departments self-impose tight deadlines to request such certification from vic tims. The timeline to be approved for U visa status is much longer, and as of right now, there is about a nine-year wait. can occur in labor and smuggling instances, individuals in abusive domestic relationships may also be trafficking victims. Many times, trafficking victims have been subject to threats, coercion and abuse that would force the victim to commit an act they do not want to or perform slave-like duties. If an undocumented individual is forced to clean homes and cook, perform sexual acts, work and give up their pay to their abuser or cannot freely leave the home, they may be a victim of trafficking and eligible for a T visa. 8 The T visa offers protection and lawful status to remain in the United States. T Visas While victims of trafficking

there must have been abuse (physi cal, emotional, psychological, men tal or financial) present at some time during the relationship. Knowing that many victims would jeopardize their safety or the safety of a loved one if they made a police report, VAWA does not require a criminal arrest. Evidence of the abuse can be corroborated with testimonies, wit ness accounts, psychological reports or photographs. The processing time for these types of applications is around three to five years. victims of certain crimes, including domestic abuse, that occur in the United States. Unlike VAWA, which does not require a police report, a U visa requires a criminal report to have been made and that the victim collaborated with authorities in the investigation and prosecu tion of their criminal abuser. A law enforcement agency must certify that the individual was a victim of that specific crime and that they helped the authorities. Without this police certification, an individual cannot apply for U U Visas U visas 7 provide protection for

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

32 | OCTOBER 2025

THE OKLAHOMA BAR JOURNAL