The U Visa protects people who were victims of a certain crimes, victims who helped in the investigation and prosecution of the perpetrator, and who suffered physically or psychologically due to the crime they were victims of.
The requirements are the following:
- You were the victim of a crime defined by the Immigration and Nationality Act, including but not limited to domestic violence, sexual abuse/assault, blackmail, aggravated assault, kidnapping, and rape.
- You suffered substantial physical or mental abuse due to the crime you were a victim of
- You have information about the criminal activity
- You were helpful, are helpful, or are likely to be helpful to law enforcement in the investigation and prosecution of the crime
- The crime happened in the U.S. or violated U.S. law
- You are admissible to the United States.
- If you are inadmissible, you are eligible to apply for a waiver.
The most important step is to get a certification of a government branch like the police department or District Attorney’s Office that establish you were the victim of a qualifying crime and that you helped in the investigation of the crime. Once you have the certification, you have 6 months to file the U visa with the supporting documentation. If you need a waiver, you can file a waiver with your U visa petition, and it can basically waive any inadmissible issue.
Your children, spouse, parents, and siblings can be derivatives to your U visa petition. They will be able to file a derivative petition and a waiver, if they need one.
You will receive a work authorization for 4 years when your U visa is approved. After 3 years of getting your U visa, you are eligible to file your petition of adjustment of status to become a permanent resident.
If you were the victim of a crime and you believe you qualify for a U visa, contact attorney Yunuen Mora of Cross Border Lawyer so she can assess your case.
