The U visa is designed to give legal status and protection to migrants who are victims of certain crimes. But what about indirect victims, how can they apply for this type of visa? Today we will look at what you should know about the U visa for indirect victims and how to apply for it.
Applying for a visa can be particularly hard for victims of crime. Gathering the necessary evidence and documentation is no task, especially if you are dealing with the aftermath of a crime. That’s why it’s best to turn to a lawyer. Do not face this complex situation alone. Contact us and get the legal help you need.
Table of Contents
What is an “indirect victim”?
An “indirect victim” is defined as a family member of the direct victim of a serious crime who has suffered damages. These are especially taken into account when the direct victim is a minor, disabled or has died as a result of the crime.
You may file a U visa application for family members. However, not everyone is eligible. Therefore, it is best to consult with an attorney before you begin the process. Don’t let the complications of the immigration system ruin your future. At Jaskot Law we are here to help. Tell us about your case and secure the future of your loved ones.
U visa eligibility for family members of indirect victims
The eligibility of family members for the U derivative visa varies depending on the age of the principal applicant. The following table provides the information you need:
| If the principal applicant is… | Eligible family members are… |
| Under 21 years of age | Spouse |
| Parents | |
| Sons | |
| Unmarried siblings under 18 years of age | |
| Over 21 years old | Spouse |
| Sons |
Please note that it is not enough to be a family member of a direct victim to apply for a U visa for indirect victims. A number of specific requirements must be met. Therefore, it is best to consult with an attorney about your eligibility before you begin the process. Speak with an attorney today and secure your future.
U visa requirements indirect victims
The requirements to apply for the U visa for indirect victims are as follows:
- The principal petitioner has an approved U visa.
- Demonstrate that you possess information about the crime in question.
- Demonstrate that it was, is, or is likely to be helpful in the criminal investigation or prosecution of that crime.
- Show that you suffered substantial physical or mental harm as a result of the crime.
- Have no grounds of inadmissibility that would prevent you from entering the United States.
These are the general requirements to apply for the U visa for indirect victims. However, these may vary from case to case. For example, if the ground of inadmissibility allows it, you may be able to apply for a waiver to continue with the process. Therefore, it is best to consult with an attorney. Tell us about your case and ensure your eligibility for a U visa.
What documents do I need to apply for a U visa for indirect victims?
To apply for a U visa for indirect victims, you must submit the following documentation:
- Form I-918 (Petition for U Nonimmigrant Status) of the principal petitioner.
- Supplement A to Form I-918 (Petition for Immediate Relative of U-1 Nonimmigrant) under the name of the indirect victim.
- Form I-192, Application for Advance Permission to Enter as a Nonimmigrant.
- Supporting evidence, such as:
- Police reports
- Medical reports
- Witness testimonies
- Passport.
- Birth certificate.
- Visa (if you have one).
- Detailed cover letter with index of supporting documents.
- Detailed statement or affidavit of the applicant.
Depending on the case, you may need certain additional documents. In addition, USCIS may request additional supporting documentation if deemed necessary. Therefore, it is essential to seek the assistance of an attorney to gather all necessary documents. Contact us and let’s get your paperwork in order.
What supporting evidence is needed to apply for a U visa for indirect victims?
Regardless of whether you are a direct or indirect victim, you must present certain supporting evidence to apply for a U visa. This includes:
- Personal statement: Explains gaps in your history or any details that may seem unusual to the authorities. It can also be used to support answers provided on other forms.
- Police reports: Proves the existence of the crime, your cooperation with the authorities in the investigation, and evidence of the damages suffered.
- Court records: Confirms the existence of the crime, providing information relevant to your case, such as the names of defendants and witnesses.
- Medical reports: Together with letters from doctors and mental health professionals, these are evidence of the harm caused by the crime you suffered.
Although these are not essential documents, they can help you get your application approved. However, they are not always easy to obtain. Therefore, it is best to seek the assistance of an immigration attorney. At Jaskot Law we are here for you. Contact us and get the legal assistance you need.
U Visa for Indirect Relatives: The importance of legal aid
As we have seen, indirect victims of crime may also apply for a U visa. This visa allows for the possibility of including certain immediate family members. However, the requirements are variable and the supporting documentation is not easy to obtain. This is why the role of an immigration attorney can make a difference in this process.
A professional can not only guide you through the already complicated application process. They can also provide you with the legal support that every victim needs, advising you to make informed decisions. At Jaskot Law we are here for you. Talk to our professionals today and take the first step towards a better life in the United States.
U Visa Frequently Asked Questions
How can a U visa help me?
The main benefits of a U visa include:
– Legal status and protection in the United States.
– Protection from deportation (while processing the visa).
– Work authorization.
– Ability to apply for permanent residency if desired.
– Ability to apply for a visa for qualified family members.
– Access to certain public benefits and social programs.
– Ability to travel outside the United States with a travel document.
How long does a U visa last?
The U visa has a validity period of 4 years. However, you may apply for an extension in the following situations:
– At the request of a law enforcement agency.
– Due to exceptional circumstances.
– Due to delays in consular processing.
– Due to filing and processing of adjustment of status application (Green Card application).
Can the U visa be denied?
Yes, even if it is a crime victim visa, your U visa application can be denied. The most common reasons are lack of evidence, criminal record or failure to cooperate with the authorities.
Does the U visa pardon certain crimes?
Yes, the U visa waives certain qualifying offenses. Some of the most significant include:
– Presence without lawful status in the U.S.
– Deportation.
– Simple immigration offenses (document fraud, impersonating a citizen, or returning after voluntary departure).
– Misdemeanors.
Can I get married with a U Visa?
Yes, you can get married as a beneficiary of a U visa. You can even include your spouse in the petition, as long as you do so before it is officially approved. However, be aware that this could compromise your status in certain cases. Therefore, it is highly recommended that you consult with an attorney before proceeding.
