The U visa is a form of immigration relief designed to protect certain victims of qualifying crimes. If you are eligible, a Gallup humanitarian visa lawyer can help you submit an application.
Mendoza Law has been advocating for immigrants since 2016. If you are a victim of crime or abuse, a U visa lawyer in Gallup can take on your case and help you pursue legal status.
Why Hire a Gallup U Visa Lawyer?
If you are planning to apply for a U visa, a Gallup immigration lawyer can evaluate whether you meet the requirements and help collect and organize the documentation needed for your application.
A lawyer can also help with the certification process. Form I-918, Supplement B, must generally be signed by an authorized official from a qualifying law enforcement agency or other certifying agency. Getting this certification is one of the most important parts of a U visa case.
Your immigration history may also affect your case. A lawyer can review prior immigration applications, entries into the United States, encounters with immigration authorities, criminal records, and other circumstances that could affect eligibility and help address them.
What is a U Visa?
The U visa is a type of nonimmigrant status available to certain victims of qualifying crimes. U visa status can generally be granted for up to four years, and in some circumstances, U visa holders may later become eligible to apply for lawful permanent residence.
This program can be particularly beneficial if you are hesitant to cooperate with law enforcement because of your immigration status.
Who is Eligible for a U Visa?
Not every crime victim qualifies for U nonimmigrant status.
Generally, you must demonstrate that:
- You were the victim of qualifying criminal activity: The crime must fall within the categories recognized for U visa purposes, or qualify as a substantially similar activity.
- You suffered substantial abuse: The physical or mental harm must meet the legal standard for substantial abuse.
- You have information about the crime: You generally must possess information concerning the qualifying criminal activity.
- You were helpful to law enforcement: You must generally have been helpful, be helpful, or be likely to be helpful in the investigation or prosecution of the crime.
- You possess information that can assist authorities: The nature of your knowledge about the criminal activity is an important part of your eligibility.
- The crime occurred in the United States: The crime must have happened inside the United States or broken federal laws.
What Crimes Qualify for a U Visa?
To qualify for a U visa, you must be a victim of a specific type of criminal activity. The list includes crimes such as domestic violence, sexual assault, trafficking, kidnapping, felonious assault, and involuntary servitude.
The exact criminal charge is not always the only consideration. Immigration authorities also recognize substantially similar criminal activity in certain circumstances.
Can You Get a Green Card Too?
Yes, a U visa can lead to a green card. After holding U visa status for a continuous physical presence of at least three years in the United States, you can apply for lawful permanent residency.
In addition to maintaining a continuous presence in the U.S., you must not have unreasonably refused to assist law enforcement or prosecutors with the criminal case since your visa was granted. Lastly, you must show that staying in the U.S. serves a humanitarian purpose, keeps your family together, or benefits the public interest.
It’s important to note that receiving a U visa does not automatically result in a green card. You must qualify for adjustment of status and complete the appropriate application process.
What If You are Undocumented?
Being undocumented does not automatically prevent you from applying for a U visa. The U visa program was created specifically for undocumented and other noncitizen victims of certain crimes who suffer abuse and help law enforcement.
However, your immigration history can still matter. Prior removal proceedings, immigration violations, criminal issues, or other circumstances may affect your eligibility for a visa.
For that reason, it is important to provide accurate information to immigration authorities. Leaving out relevant facts or providing inconsistent information can reduce your chances of approval.
How Long Does It Take to Get a U Visa?
While processing times can vary from case to case, the total processing time from filing a U visa petition (Form I-918) to final approval is generally 5 to 10 years. This long timeline is caused by a massive backlog and a strict statutory cap of 10,000 principal visas allowed each fiscal year.
While the length of the application process can be frustrating, you can legally work while waiting for approval if USCIS grants you a Bona Fide Determination (BFD) or places you on the official U visa waiting list.
After you are approved for a U visa, you must hold U status for at least 3 years before you can apply to adjust your status to a permanent resident green card.
What Should You Do If You are a Crime Victim in Gallup?
If you believe you may qualify for U visa protection, you should:
- Report the crime: Cooperation with law enforcement is an important part of many U visa cases.
- Keep records: Save police reports, court documents, medical records, communications, and other paperwork related to the crime.
- Document your cooperation: Save information showing your participation in the investigation or prosecution.
- Follow requests from authorities: Respond to reasonable requests for information or assistance.
- Avoid destroying immigration records: Prior applications, notices, and court documents may become relevant to your case.
- Get help from a lawyer: A Gallup U visa lawyer can confirm your eligibility and help you avoid common mistakes with your application.
Consult a U Visa Attorney in Gallup
U visa applications require a substantial amount of evidence. If you are planning to file an application, a Gallup U visa attorney from Mendoza Law can investigate your case, collect evidence, and help you pursue legal status.
Call now to get help with your application.