U Visa
U Visa: A Path to a Green Card for Victims of Crime and their families
There is a pathway in which many persons who are undocumented in this country can obtain status, without leaving the country, and without having any legal relatives in the US. Even better, if they qualify, they can get permanent residence for their entire family.
What is the U visa?
The U visa is a unique immigration option that offers a path to obtain a green card for victims of certain crimes. This visa has been established as part of the Victims of Trafficking and Violence Protection Act (VTVPA) in the United States, primarily providing protection and assistance to noncitizen victims who have suffered substantial physical or mental abuse due to criminal activity.
An individual must meet specific criteria to be eligible for a U visa. First and foremost, they must have been a victim of a qualifying crime committed in the United States. These crimes typically include domestic violence, sexual assault, trafficking of persons, and other serious offenses. Applicants must have suffered substantial physical or mental abuse due to the crime.
Additionally, U visa applicants must be helpful or have the potential to assist law enforcement agencies in investigating and prosecuting the crime. This requirement ensures that applicants actively cooperate with the authorities to bring the perpetrators to justice. It is essential to note that victims under 16 or unable to cooperate due to physical or psychological trauma may still be eligible for a U visa.
Once an individual gets a U visa, they are provided temporary legal status in the United States for up to four years. During this period, they can work and live in the country without the fear of deportation. Moreover, U visa holders may also be eligible to apply for certain public benefits and obtain a social security number.
After three years of holding a U visa, individuals may become eligible to apply for a green card, granting them lawful permanent residency in the United States. This process involves submitting a petition and supporting evidence, including proof of continuous physical presence and ongoing cooperation with law enforcement.
The U visa program aims to encourage victims of crime to come forward and report incidents without fear of immigration consequences. Providing a path to a green card ensures that victims can rebuild their lives in the United States and have access to the necessary resources and support systems they need.
It is essential to consult with an experienced immigration attorney or an accredited representative to navigate the U visa application process successfully. These professionals can guide applicants through the complex requirements, assist in gathering the required evidence, and advocate for their rights.
It is the U visa – and it can offer help to many people who need status the most: victims of domestic violence, exploited workers, victims of sexual violence, street crimes or other criminal conduct.
Here is how this extraordinary program works:
• There must have been a criminal act committed in the U.S., no matter how long ago. The crime must have violated Federal, State, or local law.
• The person applying must have suffered physical or mental harm as a result. The harm can be emotional. It is not necessary that there be physical harm.
• The person applying must possess information concerning the crime and have been helpful, are being helpful, or are likely to be helpful to the police, sheriff, district attorney or some other agency which investigated the crime.
Who may qualify for a U Visa?
• Women who were abused by their spouse, boyfriend or domestic partner; the couple did not need to be married or even living together.
• Parents of minor children who were the victims of domestic violence;
• Persons who were victims of gang violence;
• Parents or siblings of young people who were victims of violence, including gang violence.
• Persons who were victims of other street crimes;
• Persons who were the victims of traffickers or prostitution
• Women who were victims of statutory rape;
• Persons who were kidnapped or subject to ransom by immigrant smugglers;
• Workers whose employer was guilty of criminal violation of workplace laws.
How does one apply for the U visa?
In order to qualify for the U visa, you or your representative must obtain a signature from the police, sheriff, district attorney, court or other law enforcement authority responsible for investigation or prosecution of U crime. This can include the victims rights offices of the District Attorney or police, or even agencies like Child Protective Services, Equal Employment Opportunity Commission, the Department of Labor. Once this certification is obtained, an application is submitted to the Immigration Service with a statement of the applicant, affidavits from others, police, court or medical records and other supporting material.
Can I get a work permit through a U Visa?
Presently there is a long backlog on the U visa application process but the Biden Administration has implemented a new benefit that allows bona fide applicants to obtain a work permit while their applications are pending. Now, one can expect to obtain a work permit and a valid social security card long before the visa process is completed.
How Does One Get a Green Card through the U Visa?
After 3 years on the U visa, a foreign national is eligible to obtain a green card for themselves and their dependents. The immigrant can apply to change their status to permanent residence through a process known as “adjustment of status”. There are many necessary forms and documents necessary to submit with the marriage petition, including photos, birth and marriage records and other immigration forms. It generally takes only 12-24 months to finish the adjustment of status process. Sometimes there is an interview at the end of the application process, which the applicant must attend.
Our office has handled more than 500 such U visa applications and have had a very high rate of approval.
WARNING: The foregoing is an article discussing legal issues. It is not intended to be a substitute for legal advice. We recommend that you get competent legal advice specific to your case.
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