The U visa is a non-immigrant status. It is a temporary immigration benefit to victims of certain qualifying criminal activities who suffered significant abuse and will assist the authorities in investigating and prosecuting the crime.
Our skilled Union City U-Visa lawyer will determine your eligibility. Call the Law Office of Lloyd E. Bennett Esq., P.C., to get started with a practiced immigration attorney.
In an effort to confront, combat, and prevent human trafficking, the United States government passed federal regulations allowing victims to apply for temporary benefits. Under the Victims of Trafficking and Violence Protection Act, immigrants may enter the country temporarily, for protection for you and your family, upon agreeing to assist and cooperate during the criminal case.
The U-Visa also provides a pathway to long-term residence, allowing you to work and live in the U.S. permanently. The legislation strengthens law enforcement agencies’ abilities to prosecute cases involving sexual assault, trafficking of aliens, domestic assault, and other crimes.
Those who qualify under the legislation can initiate the process with the U.S. Citizenship and Immigration Services (USCIS). The agency can take several years to complete the process because of high demand and annual caps. There is an actual cap on U-visas of 10,000 annually. Our Union City U-Visa attorney could help navigate each process and answer your specific questions.
Before starting the application process, you must obtain a Certification from Law Enforcement from the agency you plan to cooperate with. The certifying official, a police officer, prosecutor, or judge, must sign the Form I-918, Supplement B, which confirms your assistance is needed. After that is complete, you can begin preparing the supporting documentation, including evidence of the qualifying crime and the harm you suffered from the abuse.
That may include police reports, medical records, court orders, psychological evaluations, or notes from therapy sessions. Finally, you must include a personal statement that outlines your knowledge of the crime, your commitment to cooperate, and your own victimization.
After you have everything needed, complete a Form I-918, Petition for U Nonimmigrant Status, as the principal petitioner, along with Supplement B and evidence. For family members, you must also include a Petition for Qualifying Family Member of U-1 Recipient, separately, with proof of the familial relationship. Lastly, you can place everything in an envelope and mail it to the USCIS Nebraska Service Center, using the applicable address depending on your chosen delivery method.
The USCIS reviews your petition and documentation for a bona fide determination, which determines eligibility for deferred action, parole, and a four-year Employment Authorization Document (EAD) while waiting. Once approved, you receive temporary benefits without full adjudication.
When the federal government reaches the maximum allowable number of visas it issues annually, it adds you to the waiting list, and you are also eligible for deferred action and a four-year EAD.
If USCIS approves your U-1 status, you will undergo consular processing, which includes biometric collection and an interview at a U.S. embassy or consulate. Maintaining status requires reasonable assistance to law enforcement, and after three years, you are eligible to file for a green card. Our U-Visa lawyer in Union City could review everything for accuracy and compliance to avoid unnecessary delays.
The U.S. government aims to protect victims of violent crimes while assisting law enforcement in investigating and prosecuting the criminal case. Benefits include protection from further abuse, eligibility to bring certain family members, and the path to file for permanent residency.
Please consult with our experienced Union City U-Visa lawyer to determine your eligibility and learn more. If supported, we can provide guidance and advice throughout the process.
(201) 330-8883