Victim Visas – U Visa Attorney

U visa cases in the United States are specifically designed for victims of certain crimes who have suffered mental or physical abuse and are willing to cooperate with law enforcement in the investigation or prosecution of those crimes. Here’s a general overview of how U visa cases work:

1. Qualification: To be eligible for a U visa, you must meet certain criteria: (a) be a victim of a qualifying crime committed within the U.S., (b) have suffered substantial physical or mental abuse as a result of the crime, (c) possess credible and reliable information about the crime, (d) have been helpful, are currently being helpful, or are likely to be helpful in the investigation or prosecution of the crime, and (e) the crime must have violated U.S. laws or occurred in the U.S. jurisdiction.
2. Certification: To apply for a U visa, you need a law enforcement agency, prosecutor, judge, or other qualifying certifying official to complete a U visa certification (Form I-918, Supplement B). This certification confirms your cooperation in the investigation or prosecution of the crime.
3. Form I-918: Complete and submit Form I-918, Petition for U Nonimmigrant Status, along with the U visa certification and other required supporting documents to the U.S. Citizenship and Immigration Services (USCIS). Supporting documents may include any relevant police reports, court records, or evidence demonstrating your eligibility and compliance with the U visa requirements.
4. Biometrics Appointment: After filing your petition, you will be scheduled for a biometrics appointment at an Application Support Center (ASC) to capture your fingerprints, photograph, and signature.
5. Waiting for Approval: USCIS will review your petition, conduct background checks, and assess your eligibility for the U visa. The wait time for a decision can vary, but USCIS may issue you a work permit (Form I-765) while your case is pending.
6. Approval: If your U visa petition is approved, you will be granted U nonimmigrant status, which allows you to legally reside and work in the United States for up to four years. Your immediate family members may also be eligible for derivative U visas.
7. Adjustment of Status: After meeting specific requirements, you may be eligible to apply for lawful permanent residency (green card) through the adjustment of status process. This typically involves filing Form I-485, Application to Register Permanent Residence or Adjust Status, along with supporting documents.

It’s important to consult with an immigration attorney or a nonprofit organization specializing in immigration law for guidance throughout the U visa application process. They can help assess your eligibility, assist in gathering evidence, and ensure your application is properly prepared

The U visa program was created to encourage victims of certain crimes to come forward and cooperate with law enforcement without fear of deportation. The qualifying crimes for U visas include:

1. Abduction
2. Abusive Sexual Contact
3. Blackmail
4. Domestic Violence
5. Extortion
6. False Imprisonment
7. Female Genital Mutilation
8. Felonious Assault
9. Fraud in Foreign Labor Contracting (if certain conditions are met)
10. Hostage
11. Incest
12. Involuntary Servitude
13. Kidnapping
14. Manslaughter
15. Murder
16. Obstruction of Justice
17. Peonage
18. Perjury
19. Prostitution
20. Rape
21. Sexual Assault
22. Sexual Exploitation
23. Slave Trade
24. Stalking
25. Torture
26. Trafficking (including labor trafficking and sex trafficking)
27. Witness Tampering
28. Unlawful Criminal Restraint
29. Other similar criminal activities where the victim has suffered substantial physical or mental abuse and is willing to cooperate with law enforcement.

It’s important to note that simply being a victim of one of the listed crimes does not automatically qualify someone for a U visa. The victim must also meet other eligibility requirements, such as suffering substantial physical or mental abuse and being helpful or likely to be helpful in the investigation or prosecution of the crime.