Victims of Crime: What is the U Visa?
Certain crime victims can come to the U.S. on a nonimmigrant visa and assist law enforcement as they investigate or prosecute the crime. The U visa was created by Congress in 2000, and it is an option for many men and women who otherwise cannot obtain a visa to the United States. The law was passed to protect victims of serious crimes, including human trafficking. Contact The Law Office of Jason M. Sullivan to discuss if this is an option. We can analyze whether you qualify and then complete paperwork.
Who is Eligible for a U Visa?
Only certain crime victims are eligible. You will need to satisfy the following:
- Must be the victim of a qualifying crime, such as human trafficking or sexual assault, that either occurred in the U.S. or otherwise violated U.S. law.
- Suffered substantial physical or mental harm. For example, you might suffer from post-traumatic stress disorder or bodily injury.
- Cooperate with law enforcement, which is investigating or prosecuting crime.
- Be otherwise admissible to the U.S. or be eligible for a waiver of any bar to admissibility.
Our firm can check whether you meet these requirements, including whether you are admissible. Some bars include criminal convictions in your own history, or previous unauthorized stays in the U.S.
The Application Process
Applying for the visa requires filing Form I-918, Petition for U Nonimmigrant Status, along with Form I-918B, which is the certification from law enforcement. If you are outside the U.S., you should still apply directly to United States Citizenship and Immigration Services (USCIS). After your application is approved, you apply for a visa with your consulate or embassy and will need to attend an interview.
A lawyer can ensure you complete your forms fully and accurately, which can speed up processing. Reach out to a lawyer here in the U.S., even if you are living in another country.
What Are the Benefits of the U Visa?
There are many benefits, including:
- Living and working in the U.S. legally. U visa applicants may work as their application is processed.
- Protection from deportation. So long as your U visa is valid, you will not be deported, unless you commit a crime or some other serious offense.
- Path to a green card. Once you have lived in the U.S. for three years, you may apply for a green card to become a lawful permanent resident.
- Qualifying family members. A person receiving a U-1 visa might be eligible to petition certain family members later, after receiving a green card or while an application is pending.
As with other areas of immigration law, the law is constantly changing in large and small ways. These changes will impact the U visa application process. Make sure to work with an immigration lawyer who stays on top of all changes.
Contact Our Office to Learn More
The Law Office of Jason M. Sullivan opened its doors to help vulnerable immigrants navigate the system. Call to speak with an immigration lawyer in Portsmouth, New Hampshire or Miami, Florida to discuss if a U visa is right for you.
Sources:
uscis.gov/humanitarian/victims-of-criminal-activity-u-nonimmigrant-status
travel.state.gov/content/travel/en/us-visas/other-visa-categories/visas-for-victims-of-criminal-activity.html