The U visa was enacted as part of the Victims of Trafficking and Violence Protection Act in 2000. It recognizes the vulnerability often faced by immigrant victims of crime in the United States. The primary purpose of the U visa is twofold: 1) to encourage immigrant victims to report crimes without fear of deportation; and 2) to assist law enforcement investigate and prosecute cases involving serious crimes.
Who Qualifies for a U visa?
To qualify for a U visa you must meet the following criteria:
1. Victim of a Qualifying Crime: the applicant must have been a victim of one of the qualifying crimes, including but not limited to domestic violence, sexual assault, human trafficking, and felonious assault.
2. Cooperation with Law Enforcement: the applicant must have been helpful, is being helpful, or is likely to be helpful in the investigation or prosecution of the crime.
3. Suffered Substantial Abuse: the victim must have suffered substantial physical or mental abuse as a result of the crime.
4. Admissibility: the applicant must meet the admissibility requirements for entry into the United States or be granted a waiver of any grounds of inadmissibility.
The Process for Applying
1. Filing Form I-918: the applicant, or their legal representative, must submit Form I-918, Petition for U Nonimmigrant Status, along with supporting documentation to the United States Citizenship and Immigration Services (USCIS). The applicant may also need to file Form I-192, Application for Advance Permission to Enter as a Nonimmigrant, if they are subject to any grounds of inadmissibility.
2. Obtaining Law Enforcement Certification: the applicant must obtain a certification from a law enforcement agency confirming their cooperation in the investigation or prosecution of the qualifying crime. The certification should be submitted along with Form I-918 and the other supporting documents.
Benefits of the U visa
There are many benefits to obtaining a U visa. U Nonimmigrants may:
· Live in the United States lawfully for four years, with extensions available under some circumstances;
· Apply for work authorization;
· Qualify for various state public benefits programs;
· Help close family members who may be eligible to obtain immigration status through the process, including spouses, children, parents, and sibling; and
· Apply for lawful permanent residence (also known as a “green card”) after three years in U status.
At Bennett & Harker, we are committed to guiding our clients through every step of the U visa process, providing compassionate advocacy, and personalized support along the way. If you believe you or someone you know may qualify for a U visa, please do not hesitate to contact us.
Please note that the information in this post should not be construed as legal advice. There can be risks involved when applying for a U visa and you should meet with an immigration attorney to discuss those risks prior to applying.
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