U-Visas

U Visa Lawyer Serving Long Island & Suffolk County

Walking Potential Applicants Through the U Visa Process

Crime often disproportionately affects immigrants, and those in the United States from other countries, and perpetrators use immigration threats and the fear of being deported to control their victims. The U visa provides a way for victims to gain legal status by providing information to the authorities about the related crimes.

If you were the victim of a crime within the United States or one that violated U.S. law, and you’re seeking a way to remain in the country legally, the U visa may be an option. Contact The Law Office of Judith C. Garcia at 631-505-5649 to schedule a consultation with a member of our team.

How Does a U Visa Work?

The U visa status is a non-immigrant visa that is specifically for victims of qualifying crimes who are willing to provide information to the authorities and cooperate in the investigation or prosecution of crime perpetrators. It offers victims legal status within the United States and can provide a way for certain qualifying family members, such as a spouse or children, to also come to or remain in the United States.

Who Qualifies for a U Visa?

The main requirements for a U visa applicant are that the applicant be the victim of qualifying criminal activity, have suffered either physical or mental abuse as a result of the criminal activity, and be willing to assist law enforcement. The crime must also have either occurred within the United States or violated its law. Applicants must also be admissible to the United States, although there are some waiver options that can apply in some cases.

Who Qualifies for a U Visa?

According to the U.S. Citizenship and Immigration Services office, qualifying criminal activities for a U visa include:

  • Abduction

  • Abusive Sexual Contact

  • Blackmail

  • Domestic Violence

  • Extortion

  • False Imprisonment

  • Female Genital Mutilation

  • Felonious Assault

  • Fraud in Foreign Labor Contracting

  • Hostage

  • Incest

  • Involuntary Servitude

  • Kidnapping

  • Manslaughter

  • Murder

  • Obstruction of Justice

  • Peonage

  • Perjury

  • Prostitution

  • Rape

  • Sexual Assault

  • Sexual Exploitation

  • Slave Trade

  • Stalking

  • Torture

  • Trafficking

  • Witness Tampering

  • Unlawful Criminal Restraint

USCIS also notes that other related crimes where the elements are “substantially similar” may also qualify.

How Long Is a U Visa Good For?

A U visa is initially valid for a period of four years, but it is possible to file for an extension if there are extenuating circumstances. These commonly include ongoing requests for assistance from law enforcement and delays in consular processing. A U visa is also automatically extended if the person files for a Green Card and is waiting for a decision on their adjustment of status.

What Is the U Visa Application Process?

Crime victims can apply for a U visa from within the United States by filing Form I-918, the Petition for U Nonimmigrant Status, or from outside the United States by going through consular processing. You will need to submit evidence that supports that you were the victim of a qualifying crime and that you have and are willing to provide information that could help with the investigation or prosecution of the perpetrators.

Talking with an immigration attorney can help you determine if you meet the eligibility criteria for a U visa and what your next steps should be.

What Are the Common Challenges an Immigration Attorney Can Help With?

The U visa can be a valuable option for those trying to seek legal status in the United States without needing someone to file a petition and sponsor them. However, it also has its own unique challenges. For example, it can be difficult to get law enforcement certification. This is documentation provided by the law enforcement agency that indicates that you have valuable information for them and are willing to help or have helped in the investigation or prosecution. Law enforcement certification can improve your chances of having your application approved, and an attorney can help you obtain these statements.

Getting a U visa also requires providing evidence and documentation to support substantial physical or mental abuse. An attorney can help you build a strong case to show what happened to you and what effects you’ve suffered through evidence like medical records and police reports.

Can You Apply for an Adjustment of Immigration Status With a U Visa?

U visa holders can apply for a Green Card to obtain lawful permanent residency as long as they have maintained a physical presence in the United States for at least three continuous years and have cooperated with law enforcement according to the terms of the U visa. Obtaining a Green Card lets you live and work in the United States and can open up the path to citizenship through naturalization in the future.

Immigration law in the United States can be complex, and it’s a challenging system to navigate on your own. The Law Office of Judith C. Garcia is here to ensure you have a visa attorney on your side who can explain how the immigration process works and help you secure a U visa if you qualify. Call 631-505-5649 to schedule a consultation to get started.

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The Law Office of Judith C. Garcia
888 Veterans Memorial Highway
Hauppauge, NY 11788

Phone

888 Veterans Memorial Hwy, Hauppauge, NY 11788, USA

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