Immigration Relief For Victims Of Certain Crimes: U Nonimmigrant Visa
The U nonimmigrant visa, created by Congress in 2000, offers immigration relief to certain crime victims who assist law enforcement. This visa provides a path to temporary legal status and potentially permanent residency for eligible individuals. It aims to encourage cooperation with authorities while protecting vulnerable immigrants who have suffered from criminal activities.
Our U visa lawyers at Borjas Law Group, LLC., understand the complexities of this process and are here to guide you every step of the way. We can help determine your eligibility, assist in gathering necessary evidence and work with law enforcement to secure the required certification. Our goal is to help you navigate humanitarian immigration options, including the U visa application process, with experienced representation.
Who’s Eligible For A U Visa?
You may qualify for a U visa if:
- You are the victim of a qualifying crime that occurred in the U.S. or violated U.S. laws
- As a result of the crime, you have suffered substantial physical or mental abuse
- You possess information about the crime and have cooperated, are cooperating, or are likely to cooperate with law enforcement by providing such information
Qualifying criminal activities include:
- Violent crimes (e.g., murder, manslaughter, assault)
- Sexual offenses (e.g., rape, sexual assault, abusive sexual contact)
- Domestic abuse and family violence
- Human trafficking and exploitation
- Kidnapping and unlawful restraint
- Blackmail and extortion
- Obstruction of justice and witness tampering
- Fraud and perjury
- Other serious crimes as defined by law
This list includes attempts, conspiracies or solicitations related to these crimes. Some substantially similar offenses may also qualify.
Physical Or Mental Harm
To qualify for a U visa, you must have suffered physical or mental harm. This means you have been harmed if you suffered an injury, had a preexisting condition that worsened due to the criminal activity or suffered from anxiety, depression or mental anguish due to the criminal activity.
Cooperation With Law Enforcement
To qualify for a U visa, you need to cooperate or have the capacity to cooperate with law enforcement regarding the crime committed against you. Examples of being helpful to law enforcement include:
- Calling the police
- Informing the police about criminal activity
- Answering law enforcement questions regarding crime
- Testifying in court
- Cooperating with prosecutors in the prosecution of the crime
If you’ve been a victim of a qualifying crime and have cooperated with law enforcement, you may be eligible for a U visa. Our experienced attorneys at Borjas Law Group, LLC., can help you understand your options and guide you through the application process.
Qualifying Relatives: Derivative Beneficiaries
If you qualify for a U nonimmigrant visa, your qualifying relative(s) may also apply for a U visa as derivative beneficiaries once your visa is approved. If you are under 21 years old, immediate family members such as spouse, children, parents or unmarried siblings under age 18 may receive a U visa as derivative beneficiaries. If you are 21 years of age or older, only your spouse and children can obtain a U visa as derivative beneficiaries.
What Immigration Benefits Do You Receive With A U Visa?
If you qualify for a U visa, you will be granted U nonimmigrant status for four years. While you hold U nonimmigrant status, you will receive employment authorization and may be allowed to travel outside the U.S. In certain states, you might also be eligible to receive public benefits.
Becoming A Lawful Permanent Resident
Once you establish continuous presence in the U.S. for three years in U nonimmigrant visa status, you may apply to become a lawful permanent resident and eventually become a U.S. citizen.
To apply for lawful permanent resident status, you must show that:
- You have been physically present in the U.S. for a period of three continuous years after receiving U visa status; and
- You have not unreasonably refused to assist law enforcement regarding the crime committed against you since receiving your U visa.
Continuous presence means you have not left the U.S. for periods longer than 180 consecutive days.
How Long Does The Process Take?
The United States Citizenship and Immigration Services (USCIS) takes about six to nine months to process U nonimmigrant visa applications. However, the U visa is subject to a yearly cap of 10,000 visas. When there are more applications than visas available, USCIS will make a preliminary determination as to whether or not you qualify for U visa status.
If USCIS determines that you do qualify, your application will be placed on a waiting list. While on the waiting list, you may apply for employment authorization based on deferred action.
Have Any More Questions? Contact Borjas Law Group, LLC..
If you have further questions about the U visa, call our Chicago office at 312-625-8382 or fill out this online form. Our experienced team is ready to provide the information you need to understand the U visa process and make informed decisions about your immigration journey wherever you are in Illinois.
Our team speaks Tagalog and Spanish, and we can get translators for almost any other language. We want to make sure you understand everything about your U visa application, no matter what language you speak.