If you were the victim of a serious crime in the United States and you helped (or are willing to help) law enforcement investigate or prosecute it, you may qualify for a U visa.
The U visa provides temporary legal status and work authorization, and after three years, it can lead to a green card. A U visa lawyer in High Point can review what happened in your case and tell you whether you qualify and what the application involves.
Many crime victims do not know this option exists. Others are afraid to come forward because of their immigration status. The U visa was specifically created to encourage crime victims to cooperate with law enforcement, and your immigration status does not disqualify you from applying. Talk to a High Point humanitarian visa lawyer today to see what your options are.
What is a U Visa?
The U visa is a nonimmigrant visa created by the Victims of Trafficking and Violence Protection Act of 2000. It provides up to four years of legal status and work authorization to immigrants who were victims of qualifying crimes and who cooperated with law enforcement.
After three years of continuous presence in the U.S. on a U visa, you may be eligible to apply for lawful permanent residence: a green card. USCIS currently caps U visa approvals at 10,000 per year. Because demand exceeds that number, approved applicants are placed on a waiting list and granted deferred action and work authorization while they wait for a visa number to become available.
Crimes That Qualify for a U Visa
Not every crime qualifies for a U visa. The law specifies a list of qualifying criminal activities under 8 U.S.C. § 1101(a)(15)(U). These include:
- Domestic violence
- Sexual assault
- Physical assault
- Kidnapping
- Extortion
- Blackmail
- Fraud in foreign labor contracting
- Felonious assault
- Obstruction of justice
- Perjury
- Witness tampering
- Trafficking
The crime must have occurred in the United States or violated U.S. federal law. Substantially similar crimes, such as those that involve elements similar to the listed offenses, may also qualify.
A High Point immigration lawyer will look at what specifically happened in your case and will tell you whether the crime meets the legal standard.
The Law Enforcement Certification Requirement
To apply for a U visa, you need a certification from a law enforcement agency confirming that you were a victim of a qualifying crime and that you have been, are being, or are likely to be helpful in the investigation or prosecution. This certification is filed on Form I-918B and must be signed by a certifying official, such as a police officer, prosecutor, judge, or federal agency representative.
Getting this certification is often the most challenging part of the U visa process. Law enforcement agencies are not required to certify, and some are more cooperative than others. A U visa lawyer in High Point can help you identify the right agency to approach, prepare the request, and follow up if the agency is slow to respond.
If you reported the crime but law enforcement has not moved forward with an investigation, you may still be eligible for certification. The standard is whether you were helpful, not whether the case resulted in an arrest or conviction.
Who Qualifies for a U Visa
To qualify for a U visa, you must meet the following requirements:
- You were a victim of a qualifying crime
- You suffered substantial physical or mental abuse as a result of the crime
- You have information about the crime
- You have been, are being, or are likely to be helpful to law enforcement in the investigation or prosecution
- The crime occurred in the United States or violated U.S. federal law
You do not need to have entered the U.S. legally to qualify. You do not need to have a current immigration status. And you do not need to have reported the crime immediately; delayed reporting does not automatically disqualify you.
What the Application Process Involves
A U visa application is filed with USCIS using Form I-918. The application must include the law enforcement certification on Form I-918B, a personal statement describing the crime and your cooperation with law enforcement, and supporting evidence.
Supporting evidence our U visa attorneys in High Point may gather include:
- Police reports or court records
- Medical records documenting injuries
- A personal statement describing what happened and how you cooperated
- Statements from advocates, social workers, or other support providers
Once the application is filed, USCIS reviews it and either approves it, places you on the waiting list, or issues a request for additional evidence. A lawyer handles the preparation and filing and responds to any requests from USCIS throughout the process.
Family Members and Derivative U Visas
A U visa approval does not only benefit the primary applicant. Depending on your age, certain family members may also qualify for derivative U visa status through your case. Our U visa lawyer in High Point reviews your full family situation and identifies everyone who may be eligible.
For applicants who are 21 or older, a spouse and children under 21 can be included. For applicants under 21, parents and unmarried siblings under 18 are also eligible. Derivative U visa holders receive the same legal status and work authorization as the primary applicant, and they follow the same path to a green card after three years.
How Mendoza Law Can Help
At Mendoza Law, our High Point U visa attorneys handle these cases from the initial review through the green card application. We help you determine whether your situation qualifies, obtain the law enforcement certification, prepare the application, and respond to any requests from USCIS.
We understand that crime victims who come to us have often been through something serious and often frightening. We handle every case with care and make sure you understand what is happening at every stage of the process.
Contact a U Visa Lawyer in High Point Today
If you were the victim of a crime in the United States and want to know whether a U visa applies to your situation, contact Mendoza Law. A U visa lawyer in High Point can look at your situation and help you carve a path forward. Schedule a free consultation today.