U-visas protect victims of certain crimes if they are willing to assist the police or other law enforcement agencies with the investigation and prosecution. You may be going through a lot right now, and you should not have to figure out how this type of nonimmigrant visa works by yourself. At the Fresh Start Immigration Law, our associated attorneys help clients file for U-visas.
Contact us today to learn more about how our associated U-visa lawyers can help you navigate this process.
This type of visa might be especially important for undocumented immigrants living and working in the United States who become victims of crimes. Access to a U-visa could allow them to remain in the U.S. without fear of deportation.
According to the U.S. Citizenship and Immigration Services (USCIS), the eligibility requirements for a U-visa are as follows:
The types of crimes that could make an applicant eligible for a U-visa include but are not limited to:
Because of the nature of U-visas, some applicants may be inadmissible because of previous convictions or because of their unlawful status. 8 USC 1184 sets the rules of inadmissibility. However, when it comes to U-visas, an inadmissibility waiver could allow an applicant to continue the process despite their past.
In general, most U-visas last for up to four years. However, extensions are possible and may be necessary. For example, the victim may need to be present in the United States for ongoing prosecution of the crime or to testify against the guilty parties.
When approved for a U-visa, the applicant automatically receives work authorization. Some may also have a path to a Green Card if they choose, according to USCIS. Generally, U-visa holders can apply for lawful permanent residence in the United States—a Green Card—if they meet the requirements and continue to cooperate with the investigation as necessary.
At Fresh Start Immigration Law, our associated attorneys can also help you file for your family to receive visas. Some qualifying family members of U-visa holders can also receive U-visas and work authorization if they meet the criteria. Depending on the circumstances, this could include:
Allowing family members to join the U-visa holders in the United States ensures that they remain safe and protected. This is often a concern for those who were victims of serious crimes.
The process to apply for a U-visa requires filing several forms and gathering evidence to document your eligibility. Our associated lawyers handle this process if you hire us to help you navigate the application process. Filing for a U-visa requires:
Our associated can also file forms as necessary to deal with inadmissibility issues and other immigration concerns. The lawyers will make sure you have proper evidence to support your application and show why you need U-visa approval. They can manage the applications for your family members, too.
Trusting our associated attorneys with your application can greatly reduce your stress during this difficult time. Contact us today to get started.
Our associated attorneys help individuals and families with a wide range of immigration concerns and applications. We can help you understand U-visas, answer your questions, and manage your application.
You could qualify for a U-visa based on a wide range of serious crimes, including murder, rape, abduction, domestic violence, and many more. The Qualifying Criminal Activities section of the USCIS U-visa page and this law enforcement reference sheet from the Department of Homeland Security offer detailed lists of qualifying criminal activities.
Please note that the exact circumstances of your crime may not be listed here, but you may still qualify for this visa. Our associated attorneys can also help you understand if you meet the eligibility requirements for this type of visa.
For those living in the United States already, your nonimmigrant status begins when you receive approval for your application. If you are not in the United States, you will need to follow the instructions from the USCIS to continue the immigration process. This generally requires an interview with a consular officer at a U.S. Embassy or Consulate.
Once you have your U-visa for three years, you may be able to file the paperwork to adjust your status and get your Green Card. If you meet the criteria, you could become a lawful permanent resident three years after your U-visa approval.
U-visa holders are free to travel within the United States, although they must ensure they continue cooperating with and being available for law enforcement as needed. They should limit their non-essential international travel. This could create issues with inadmissibility, although this depends greatly on the individual situation.
According to USCIS, the current processing time for I-918, Petition for U Nonimmigrant Status, is 57 months. Approximately 80 percent of all applications are processed within this timeframe, so your application could take more or less time.
Some individuals who were previously deported from the United States may qualify for a U-visa. U-visa holders are eligible for a waiver of removal orders, which could be considered forgiveness of deportation.
There are very few, if any, opportunities for U-visa applicants to obtain advance parole. When available, advance parole allows visa applicants to make short trips outside of the United States.
The Fresh Start Immigration Law’s associated attorneys help applicants file for a U-visa, apply for an extension, or take other steps to help clients manage their visa and immigration. Contact us today to learn more.
Boca, Fort Lauderdale, New York, Long Island, California
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