Why Does the United States Government Offer “U” Visas?
The U visa, sometimes called U nonimmigrant status or U nonimmigrant visa, was created by the government in October 2000 to convince witnesses of criminal acts to testify against those who commit them.
Law enforcement officials face many challenges in fighting crime. Areas with many immigrants have high crime rates, with a large percentage of impunity. Part of the reason is that officials can't bring charges without eyewitnesses and immigrants who are victims of crimes have a lot to lose by testifying, so they don't do it.
Now, this U visa opportunity has made the victims help the police to catch the criminals; As soon as a person is a victim of a crime, you must inform them and give the most detailed description of the events possible. In this way, the chances of the criminal being caught will increase and the immigrant will have a better chance of obtaining a U visa for their collaboration.
What crimes qualify for a U nonimmigrant visa?
- Obstruction of justice: hiding evidence, interfering with witnesses are the main examples.
- Sexual crimes: el Sex trafficking is not the only qualified crime. Rape, incest, sexual assault, prostitution, sexual exploitation and genital mutilation are covered.
- Slavery crimes: Kidnapping is an important example, but forced labor, non-sexual human trafficking, slavery, and false imprisonment also qualify.
- Violent crimes: Anything from assault and battery with a deadly weapon to robbery may qualify, depending on the state and the opinion of the police. Crimes that lead to death, such as homicide; involuntary manslaughter and murder are the most frequent examples.
- Foreign labor fraud: this crime was not part of the original law. A statute added it in 2014. It occurs when someone in the United States deliberately hires a foreign person by misleading them about the veracity of the employment.
United States immigration law allows foreign citizens who have obtained U nonimmigrant status (U visa) to apply permanent residence, but they must meet some additional requirements, including having lived in the United States for three years since receiving the U visa.
The victim's children, parents, siblings and spouse will also be eligible to apply. la residencepermanent bases as long as they meet the requirements.
To be eligible for the u visa, a person who has been a victim of a crime must:
- show that it was victim of a criminal act.
- Having suffered serious physical or mental abuse as a result of the crime.
- Be willing to provide truthful information related to the crime and cooperate in its investigation and prosecution.
- Get Law Enforcement Certification to confirm your status as a victim and your cooperation in the case. This certification is a crucial step and must be signed by an official from an investigative agency.
The benefits of u visa include a legal status in the United States, the possibility of requesting a social Security number, the freedom to work in several jobs and the validity by four years. After three years, U visa holders can apply for permanent residence in the United States.
If you need help with the U visa or Law Enforcement Certification application process, do not hesitate to contact us for high-quality legal advice.
What are the Requirements to apply for a U-Visa?
To apply for a U Visa, it is essential prove that you were a victim of a crime. Meet evidence and testimonies That they support your situation is essential. Additionally, you must provide information that demonstrates that you are willing to cooperate with the investigation of the crime. Part of the request must be certified by a judge or the attorney general in charge of investigating the case. This certification is necessary to submit the petition and increase your chances of obtaining a U Visa.
What does U visa approval mean?
If you are a victim of a crime and obtain the U-Visa, you will receive these benefits:
- Legal residence in the United States for four (4) years.
- Work permit in the United States.
- Social security number (Social Security).
- Eligibility to apply for permanent residence (Green Card) after the third year with the U-Visa.
What are the benefits of the U Visa?
- El U visa status es temporary, which means it is not permanent. However, those who have this visa receive permission to work in the United States during your stay. Furthermore, they can reside in the United States for 4 years while maintaining their U visa status.
How do I know if I qualify for the U visa?
To be eligible for the U Visa, you must meet the following requirements:
- Being a victim of a qualified criminal act.
- Having suffered domestic violence, physical or sexual assault, human trafficking, stalking, among other crimes.
- Possess information about criminal activity.
- Have assisted, are assisting, or undertake to assist authorities with a criminal investigation or prosecution of a crime.
- That the criminal act occurred in the United States or violated the laws of the country.
- Meet the eligibility requirements to enter the United States.
If you are under 16 years of age or have a disability that prevents you from providing information about a criminal act, your legal representative can act on your behalf and provide information related to the crime. Our U Visa attorneys can help you determine if you meet these requirements and gather the necessary documentation.
What crimes qualify for the U VISA?
The U visa is granted to victims of serious crimes, which may include torture, violation, incest, human trafficking, sexual assault, domestic violence, blackmail, kidnapping, extortion, obstruction of justice, false testimony, sexual assault, and many other crimes.
What Process follows after obtaining the U VISA?
To obtain the permanent residence (green card) after obtaining a U-visa, it is necessary to meet certain requirements:
- Have been legally admitted in the United States with a U-visa of non-immigrant.
- Keep the beneficiary status of a U-visa at the time of applying for residency.
- Having an continuous presence in the United States during three years after receiving the U-visa.
- Not to be considered inadmissible in accordance with INA Law 212a3E.
- not having refused to cooperate with the investigators of the case.
- Show that being more than three years in the United States it is in the public interest.
Who are the people who can qualify for the U-visa?
In general, anyone over the age of 16 can qualify to start the U Visa process. Children under 16 can do so under the supervision of a guardian. You may also qualify if you are in the country with expired immigration documents or even if you do not have immigration documents. In addition, it is possible to apply for the U Visa while outside the United States, depending on the case and the help you can provide to the authorities.
How long does the U visa process take?
The U Visa process can take more than 5 years due to the annual limitation of 10,000 visas and high demand. However, during this time, you can obtain a work permit and deferred action, allowing you to work legally in the United States until your U visa situation is resolved.
To obtain a work permit, USCIS conducts an evaluation of your application, verifies that forms I-918 and I-918 Supplement B have been filed correctly, and examines your criminal and immigration history. If approved, you will be granted a work permit and deferred action valid for four years. The current administration is considering increasing the number of U visas available annually to 30,000, which could speed up the waiting process. Our lawyers specialized in U Visa can advise you on your work permit application if you are applying for the U Visa.
What does the U visa forgive?
The U Visa can grant waivers for certain legal situations that other immigration processes would not allow. If you have certain crimes on your record, you could apply for a waiver through Form I-192 (Application for Advance Parole for Entry as a Nonimmigrant) using the U Visa. Waivers you could apply for include misdemeanors, prior deportations, irregular presence in United States, return after voluntary departure, impersonating a citizen, and fraud involving false or other persons' documents. Each case is unique, so it is advisable to consult with our U Visa lawyers before starting the process.
How long does the U visa Green Card take?
If you have a U Visa, you can apply for permanent residence (Green Card) after having had it for at least three years. This process of applying for permanent residence through the U Visa involves an adjustment of status and can take between 13 and 29 months, depending on the individual circumstances of each case. At La Liga Defensora, our U Visa immigration lawyers can help you expedite this process, ensuring that the forms are correctly completed and the required documentation is collected, in addition to providing you with legal advice.
What happens if the U visa is denied?
If your U Visa application is denied, you have the option of appealing to a higher USCIS court or requesting that your case be reviewed by a federal court. However, keep in mind that not all U Visa denials can be reviewed by a federal court. Therefore, it is advisable to seek the advice of an experienced U visa attorney to determine if your case qualifies for prosecution in federal court.
If my U visa application is denied, will I be deported?
If your U Visa application is denied, you have the option of appealing to a higher USCIS court or requesting that your case be reviewed by a federal court. However, keep in mind that not all U Visa denials can be reviewed by a federal court. Therefore, it is advisable to seek the advice of an experienced U visa attorney to determine if your case qualifies for prosecution in federal court.
With the U visa, can I travel?
If you have an approved U Visa, it is possible to travel within the United States. However, before doing so, you must apply for a Real ID or an identification card issued by the state in which you reside, as these documents are required to travel by air within the country. Additionally, you must carry the U Visa approval document with you, which verifies your legal status in the country. On some occasions, immigration authorities may request the I-94 form, which shows the permission granted for your stay in the country and which you can print from the official website of the United States Customs and Border Protection (CBP).
With a U visa, can you leave the country?
If you have an approved U visa, it is not recommended to leave the country, since the approval of this visa is conditional on your collaboration with the authorities. Leaving the country could be interpreted as abandoning your commitments. However, once you have completed three (3) years of U visa status, you can apply for legal permanent residence through Form I-485. Only at that time can you leave the country, requesting a special permit known as "advanced parole." To obtain it, you must complete and sign Form I-131, pay the appropriate fee, and provide all required evidence.
If your Form I-485 application is in process and you decide to leave the United States without obtaining advance parole, USCIS will deny your case. Therefore, it is recommended not to make travel plans outside the country unless it is for an emergency. Due to the special conditions and risks associated with traveling outside the United States on a U visa, it is essential to consult with our experienced U visa attorneys before making any travel decisions. They will help you evaluate the specific possibilities and risks in your case.
