If you are an immigrant who has been the victim of a violent crime, a San Francisco humanitarian visa lawyer from Mendoza Law can help you. U.S. Customs and Immigration (USCIS) has programs to protect migrants who have been victims of specific crimes. We can help you secure legal immigration statutes to protect yourself and seek a better future.
Contact our offices today to speak to a U visa lawyer serving San Francisco.
U Visa Program Explained
The U visa program is a type of non-immigrant visa program that provides legal status to undocumented immigrants who have been the victims of crimes and who assist police. Many immigrants who are victimized by crime are afraid to go to the police due to fear of immigration issues.
The U visa program is meant to protect immigrants who help law enforcement investigate or prosecute criminal activity. A U visa will allow you to stay in the U.S. for up to four years and can allow you to eventually apply for permanent residency (green card).
While present, you can work and may be eligible for specific public benefits. U visa protections can also apply to your spouse, children, and other eligible family members. USCIS is limited to issuing 10,000 primary U visas for direct victims of crimes.
For a free case evaluation with an u visa lawyer serving San Francisco, call +1 (202) 933-3379
Eligibility for the U Visa Program
In order to be eligible for a U visa, the following must be true:
- You were victimized by a qualifying criminal activity.
- You suffered severe physical or emotional harm from the criminal activity in question.
- You assisted law enforcement in investigating or prosecuting the criminal activity.
- You are otherwise admissible for legal status in the U.S.
The last condition means that you are not inadmissible for immigration to the U.S. If you are inadmissible, then you may be able to file a waiver of inadmissibility to gain permission to obtain a U visa. Our San Francisco immigration lawyers can guide you through this process.
Under the law, qualifying criminal activities include the following:
- Abduction
- Sexual abuse
- Blackmail
- Extortion
- False imprisonment
- Felonious assault
- Kidnapping
- Manslaughter
- Murder
- Rape
- Stalking
- Trafficking
- Witness intimidation
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How to Apply for a U Visa
To apply for a U visa, you must fill out Form I-918, Petition for U Nonimmigrant Status. This form contains your contact information and details about the criminal case you assisted with. The forms also contain information about eligible spouses, children, and parents. There is no fee to submit the appropriate forms.
Because there is an annual cap of 10,000, U visa spots are taken quickly, and approval times can take several years. If the cap is already met when you apply, USCIS will keep your determination in mind for when new slots are available.
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Can I Apply for a Green Card on a U Visa?
Obtaining a U visa can also open the door to applying for permanent residency in the future. In order to apply for a green card, you must:
- Live in the U.S. for at least three continuous years while under U non-immigrant status
- Not refused to assist law enforcement since you obtained your U visa
Similarly, family members of U visa holders can be eligible to apply for permanent residency if they meet the requirements.
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How an Immigration Lawyer Can Help You
The U.S. immigration system is notoriously obtuse and can be exceedingly difficult to navigate. Immigrants are expected to have several personal documents and fill out separate yet complementary forms. Filing timelines are strict, and errors in providing information for filing can result in substantial delays.
This is even more the case with programs like U visas that have a statutory maximum number of allowed approvals. An experienced immigration lawyer can provide legal and logistical support in a number of ways:
- Assess your circumstances and determine whether you are eligible for U visa protections.
- Gather identifying documents and information necessary to complete the application.
- Communicate with law enforcement agencies about the details of the case you assisted with.
- Obtain, fill out, and submit the necessary U visa forms to USCIS.
- Respond to requests for additional information and documentation.
- Find medical records and documents showing proof of severe physical or mental harm.
- Represent you during any requested immigration hearings.
Immigrants face numerous challenges interfacing with the system, but an immigration lawyer can be a reliable point of contact to guide you through the process.
Contact Mendoza Law Today
Mendoza Law has a personal relationship to immigration that undergirds everything we do. As the child of immigrant parents, Attorney Maria understands firsthand the difficulties migrants face.
Immigrants who have been the victims of crimes have few places to turn, but we can provide legal support and fight to secure the protections they need. Send us a message online or call today to speak to a U visa lawyer serving San Francisco.
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