U Visa Lawyer -
Visa for Victims of Violence
The U Visa serves as a sanctuary for survivors, offering more than just legal status—it provides the promise of security and a chance to rebuild shattered lives. In the face of violence, it stands as a lifeline, guiding them towards a future filled with safety and renewed possibilities. Our experienced U Visa lawyers are here to guide you through the process.
What is U Visa?
The U Visa, established under the Victims of Trafficking and Violence Protection Act in 2000, stands as a vital humanitarian visa in the United States. It serves as a lifeline for victims of specific crimes, such as domestic violence, sexual assault, human trafficking, and other offenses.
Designed to encourage cooperation with law enforcement, the U Visa not only provides temporary legal status, but it also opens a pathway to permanent residency. One of its distinctive features is the requirement of certification from law enforcement agencies, affirming the victim’s cooperation in the investigation or prosecution of the crime.
Benefits of the U Visa
Understanding the benefits of the U Visa is essential, as it showcases the positive impact it can have on the lives of victims.
By significantly enhancing the well-being of applicants, the U Visa provides:
Legal Status
U Visa recipients are granted temporary legal status, enabling them to live and work in the United States for up to four years.
Work Authorization
U Visa holders have the right to work in the U.S., giving them financial independence and the ability to support themselves and their families.
Family Protection
One of the most significant advantages of the U Visa is its derivative status provision. Certain family members of the principal U Visa holder, including spouses, children, and, in some cases, parents and siblings, can also obtain U Visas.
Path to Green Card
After three years of continuous presence in the U.S. as U Visa holders, individuals become eligible to apply for lawful permanent residency, commonly known as a Green Card.
Access to Services
U Visa recipients have access to various social services and benefits, which may include counseling, healthcare, housing assistance, and educational support.
Protection from Deportation
U Visa holders are protected from deportation while their U Visa applications are pending or upon approval. This protection offers victims a sense of safety and security.
What are the Eligibility Criteria for the U Visa?
Meeting a specific set of requirements when applying for the U Visa is essential. Doing so ensures a smoother application process and a higher likelihood of approval. Said eligibility criteria are:
- Victim of Qualifying Crime The applicant must be a victim of specific crimes, including domestic violence, sexual assault, human trafficking, and others as defined by U.S. law.
- Cooperation with Law Enforcement The victim must demonstrate a willingness to cooperate with law enforcement agencies during the investigation or prosecution of the crime, exemplifying a crucial partnership.
- Physical or Mental Abuse Victims must have suffered substantial physical or mental abuse as a result of the qualifying crime, underlining the severity of their ordeal.
- Clean Criminal History Serious criminal convictions might affect eligibility, emphasizing the need for a clean legal record.
The eligibility requirements for the U Visa underscore its humanitarian purpose, ensuring that victims who have experienced significant trauma and abuse receive the protection they deserve. Our team of U visa lawyers at Jaskot Law can ensure you comply with these criteria to get a positive outcome.
Steps in the U Visa Application Process
The U Visa application process, like any other immigration process, requires a clear understanding of the steps involved.
From gathering documents to submitting the application, these are the key stages in this process:
Step 1
Obtain Law Enforcement Certification
Begin by obtaining Form I-918 Supplement B, the U Visa certification form, from a law enforcement agency that investigated or prosecuted the qualifying crime. This form signifies your cooperation and is a crucial document for your U Visa application.
Step 2
Gather Evidence
Collect comprehensive evidence proving that you were a victim of a qualifying crime and that you have cooperated with law enforcement. This evidence may include police reports, court records, affidavits, medical records, and any other relevant documents.
Step 3
Complete Form I-918
Fill out Form I-918, the Petition for U Non-immigrant Status, accurately and completely. Include all required details, and ensure that the information matches the supporting documents. Provide details about the qualifying crime, your cooperation with law enforcement, and the impact of the crime on your life.
Step 4
Submit the Application
Compile your completed Form I-918, along with all supporting documents and the law enforcement certification. Prepare a cover letter summarizing your case and submit the entire application package to the USCIS at the designated address specified in the form instructions.
Step 5
Pay the Filing Fee
Pay the required filing fee for Form I-918, unless you qualify for a fee waiver. Check the USCIS website for the most current fee information and payment methods. Include the payment receipt in your application package.
Step 6
Await USCIS Decision
After submitting your application, USCIS will process it and issue a decision. If approved, you will receive U non-immigrant status, granting you legal protection and authorization to work in the U.S.
Step 7
Path to Permanent Residency (Green Card)
After being granted U non-immigrant status and maintaining continuous presence in the U.S. for three years, you may become eligible to apply for lawful permanent residency by filing Form I-485. This step offers a pathway to long-term stability in the United States.
Understanding and meticulously following these steps is essential for a successful U Visa application. By adhering to the guidelines, our U visa lawyers in Baltimore help you navigate the intricacies of the process, ensuring that your application is accurate, complete, and well-documented.
Lay the Foundations of a Violence-free Future with the help of our U Visa Lawyers
Navigating the legal complexities of the U Visa process is challenging, but with expert guidance, applicants can build a secure future. Not only can our team of professional U visa lawyers provide legal expertise, but they can also offer emotional support, laying the foundation for a violence-free future for their clients.
FAQs that will Give you a Deeper Understanding on U Visa
Are there any difference between U Visa and VAWA Visa?
The key differences between the U Visa and VAWA Visa lie in the types of crimes they address and the eligibility criteria. The U Visa is available to victims of various crimes, including domestic violence, who cooperate with law enforcement. In contrast, the VAWA Visa specifically focuses on victims of domestic violence perpetrated by U.S. citizen or permanent resident family members. Additionally, while U Visa applicants need law enforcement certification, VAWA applicants can self-petition without the abuser's knowledge, offering a more direct path to immigration relief.
Can I apply for a U Visa if the crime occurred many years ago?
Yes, there is no time limit for reporting the crime. However, providing sufficient evidence and demonstrating cooperation with law enforcement is essential, regardless of when the crime occurred.
Can I apply for U Visa if the perpetrator was never arrested or prosecuted?
Yes, the U Visa does not require the arrest or prosecution of the perpetrator. It primarily relies on your cooperation with law enforcement. A certified U Visa declaration from a law enforcement agency can suffice as evidence of your cooperation.
Can I apply for a U Visa if the crime occurred outside the U.S.?
Generally, U Visas are for crimes committed in the U.S. However, certain qualifying criminal activities that occurred abroad, involving U.S. citizens or entities, might be eligible. Consult an immigration attorney to assess the specifics of your situation.
