U Visa
A U Visa is a special visa available to victims of certain crimes who have suffered mental or physical abuse and are willing to assist law enforcement or government officials in the investigation or prosecution of criminal activity. For the person to be eligible, the crime must occur in the United States or violate United States laws. Some of the qualifying criminal activities listed in the Immigration and Nationality Act are: abusive sexual contact, domestic violence, felonious assault, rape, sexual assault, stalking, and unlawful criminal restraint.
If you are a victim of a qualifying criminal activity, you might be eligible for a U Visa that can be the path to becoming a United States Legal Permanent Resident (“Green Card”). It is important to take into consideration that without a U Nonimmigrant Status Certification completed by a qualifying law enforcement official (Form I-918, Supplement B) you can’t start the process. One obstacle in obtaining a U Visa can be that the local or state government refuses to provide the U Nonimmigrant Status Certification, something that they’re allowed to do. An attorney will be of much help in obtaining this important document.
It is highly recommended that you include medical records of the mental or physical damage you suffered because of the crime, along with other documents that your attorney will recommend based on your particular circumstances.
The process to obtain a U Visa is a long one. This is because there is a cap on the U Visas that the government can issue for each fiscal year. Since fiscal year 2010, the United States Citizenship and Immigration Services has met the cap for U Visas. This means that they’re currently reviewing petitions filed approximately in 2016, prioritizing the oldest petitions. Current processing times for this process is approximately 58 months. But don’t let this discourage you if you think you’re eligible for a U Visa.
The United States Citizenship and Immigration Services has established a bona fide determination process to help with processing times. In June 2021, they started implementing the bona fide determination process that consists of them conducting initial reviews of U Nonimmigrant Status petitions that will allow them to provide eligible victims of qualifying crimes with Employment Authorization (“Work Permit”) and deferred action while they wait for final adjudication of their petition for U Nonimmigrant Status under the annual statutory cap.
The U Visa has some advantages and can be the path to obtain legal status in the United States for someone that is not eligible to receive other immigration benefits. A U Visa may provide you with an Employment Authorization Document (“Work Permit”). Also, after three years of continuous presence in the United States, you may be eligible to apply to become a Legal Permanent Resident of the United States (“Green Card”). In addition, if a qualifying family member suffered physical or mental damage because of the crime they may be included in your petition.
At Kairos Law, PLLC we have handled multiple U Visa cases and we can help ensure that your U Visa application is complete and accurate, increasing your chances of approval. For personalized assistance with your U Visa application, contact our offices today. We are committed to helping you with this process in the most efficient and transparent manner.
