U Visa for immigrants: Qualifying Offenses
The U visa protects and provides benefits to immigrants who are victims of certain crimes committed in the United States and who assist law enforcement in solving those crimes. In this article we will discuss some important aspects of applying for the U Visa.
What is the U Visa for immigrants?
The U Visa is a visa for immigrants who are victims of certain crimes committed in the United States and who assist law enforcement in solving them. The visa provides protection to the immigrant, as well as benefits such as work authorization and a path to permanent residency.
Who can apply?
Only immigrants who have been the victim of a crime and have assisted law enforcement in the investigation or prosecution can qualify for a U Visa. Family members may be included on a principal immigrant’s petition if they were also victims of the same crime. The immigration case must have been pending for at least 3 years from the date it was filed with USCIS to receive consideration for approval of the visa petition. Only 10,000 visas are available per year through this program. Once all petitions have been approved there will be no more accepted unless Congress increases the number allowed by law. In 2012, 9700 petitions were approved.
How do I apply for a U Visa?
In order to apply for a U Visa, you must file Form I-918, Supplement B. This form must be accompanied by evidence that shows you meet all of the qualifications for this type of visa. You can get more information about how to apply on the USCIS website or by contacting your local USCIS office.
Who is not eligible?
You are not eligible for a U Visa if you:
Have been convicted of a crime related to the incident in question, have committed perjury under oath in connection with any application filed under this law, have used U nonimmigrant status to evade prosecution or custody for prior criminal activity, or are inadmissible to enter the United States for criminal, security, public charge, labor certification, illegal entry, and immigration violations. In addition, if you have committed certain types of child trafficking offenses your application will also be disqualified.
What happens when the U Visa application is rejected?
If your U Visa application is rejected, you may appeal the decision. However, if your application is denied on criminal or security grounds, you will not be able to appeal.
How long is the U Visa valid for?
The U Visa is valid for four years. After three years, you may be eligible to apply for permanent residency.
What is the process of getting a U Visa?
The process of getting a U visa begins by filing a petition with USCIS. The immigrant must provide evidence that they have been the victim of a qualifying crime and that they have assisted law enforcement in the investigation or prosecution. The case will be reviewed by USCIS to determine if it meets the requirements for a U Visa. If it does, the petition will be approved and the immigrant will be given work authorization and a temporary visa. After three years in the United States on a U visa, the immigrant may be able to apply for a green card. If they are outside of the United States when they file their application, they may be able to apply for a U visa through consular processing.
Processing Time IR2 Child Immigration Visa
There are many crimes that qualify for the U Visa, but some of the most common ones include domestic violence, sexual assault, trafficking, and kidnapping. Basically, any crime that results in physical or psychological harm to the victim can be grounds for a U Visa application.
The list of crimes that qualify for a U visa includes
- Abusive sexual contact
- Domestic violence
- False imprisonment
- Fraud in the recruitment of foreign labor
- Involuntary servitude
- Obstruction of justice
- Sexual Assault
- Sexual exploitation
- Slave trade
- Unlawful criminal restraint
You can learn more about the crimes that qualify for a U visa on the USCIS website or by contacting an immigration attorney at Superior Justice. Call us or fill out the contact form below to discuss your situation. Every case is different and we will work to obtain the best possible outcome.
What are the benefits of a U Visa?
The benefits of a U Visa can include work authorization, protection from deportation, and a path to permanent residency. The visa holder is also allowed to bring their spouse and children with them to the United States, which can help keep the family together while they are going through this difficult time.
Get advice with our immigration attorneys
If you are an immigrant who is a victim of certain crimes, has been helpful in revealing the circumstances of these crimes, and meets all other qualifications for a U Visa, you should contact an immigration lawyer to help you with your application. The U Visa can provide much-needed protection and benefits to immigrants who are victims of crime, and it is important to make sure that you have all the information you need to apply for this visa correctly.
When most people think about visas, they think about those issued to people who want to come and live in the United States permanently. However, there are also a number of visas available for immigrants who are victims of certain crimes. One such visa is the U Visa, which provides protection and benefits to those who meet its stringent qualifications.
If you are an immigrant who is the victim of certain crimes and has been helpful in revealing these crimes, you may be eligible to apply for a U Visa. For more information about how to apply for this visa, please contact us.