Irvine U Visa Attorney

Certain victims of crime and their immediate family are eligible for a U-visa. The U-visa is granted without regard to one's current immigration status. In addition, depending on the type of crime committed and the cooperation with the police or other authorities, the U-visa can be granted to individuals who themselves have prior criminal convictions or other grounds of inadmissibility, such as a visa overstay or unlawful entry.

What Exactly Is a U-Visa?

A U-Visa allows individuals to live legally in the United States for four years. Once three years passes, you can apply for adjustment of status to obtain a green card, which will eventually lead to US citizenship. A U-visa will also give you and your immediate family members work authorization.

Who Is Eligible for a U-Visa?

In order to apply for a U-Visa, you must meet the following requirements:

• You must have been a victim of a crime that occurred in the United States;
• You must have been physically or emotionally injured by the incident;
• You must have cooperated with local, state, or federal law enforcement; and
• The agency that you cooperated with must be willing to certify that you cooperated with their agency.

Some individuals believe that may not be eligible for a U-visa because one or more of the requirements are not satisfied. However, speaking with a qualified Orange County Immigration Attorney can help you analyze each of these facts. For example, you do not need to have received medical care to satisfy the injury requirement. Also, cooperation with law enforcement can be as simple as dialing 911.

Waiver for Grounds of Inadmissibility

Many times, those applying for U-visas have certain grounds of inadmissibility which usually would render them deportable. However, an experience immigration lawyer will know the proper procedures to follow in asking the government to forgive these grounds of inadmissibility.

What Crimes Qualify for a U Visa?

A variety of crimes qualify for a U Visa, including but not limited to domestic violence, sexual assault, human trafficking, kidnapping, felonious assault, extortion, stalking, and manslaughter. The crime must have caused the victim significant harm, and the victim must have cooperated with law enforcement during the investigation or prosecution of the crime.

How Do I Apply for a U Visa?

To apply for a U Visa, applicants must submit Form I-918, Petition for U Nonimmigrant Status, along with Form I-918, Supplement B, which must be completed by a law enforcement official confirming the applicant’s cooperation in the case. Additional supporting evidence, including a personal statement, medical records, police reports, and proof of hardship, may also be required. If the applicant is inadmissible, Form I-192, Application for Advance Permission to Enter as a Nonimmigrant, may be filed to request a waiver.

How Long Does It Take to Get a U Visa?

The processing time for a U Visa can be lengthy due to the annual cap of 10,000 visas issued per fiscal year. As a result, applicants may wait several years before their petition is approved. However, individuals who meet the requirements and have a pending U Visa application may receive deferred action and work authorization while awaiting their final decision.

Can Family Members Also Apply for a U Visa?

Yes, certain family members of a U Visa applicant may also be eligible for derivative U Visa status. If the primary applicant is under 21, they can petition for their spouse, children, parents, and unmarried siblings under 18. If the applicant is 21 or older, they can only petition for their spouse and children. Each family member must meet eligibility requirements and submit their own application.

Can a U Visa Lead to a Green Card?

Yes, U Visa holders may apply for a Green Card (lawful permanent residency) after maintaining U Visa status for at least three years and meeting certain conditions, such as continuing to assist law enforcement and demonstrating good moral character. The application for adjustment of status is done through Form I-485.

What Benefits Does a U Visa Provide?

A U Visa provides several benefits, including protection from deportation, work authorization, access to public benefits in some states, and the ability to apply for a Green Card after meeting eligibility requirements. Additionally, U Visa holders can petition for eligible family members and may eventually become eligible for U.S. citizenship after obtaining a Green Card.

What Should I Do If My U Visa is Denied?

If a U Visa application is denied, the applicant may have the opportunity to appeal or file a motion to reopen or reconsider the case. In some instances, individuals may still qualify for other forms of immigration relief. It is recommended to consult with an immigration attorney to explore available options and determine the best course of action.

Contact Yekrangi & Associates

While hiring an attorney is not mandatory, it is highly recommended. Immigration laws can be complex, and an experienced attorney can help gather necessary evidence, complete required forms correctly, and ensure the best possible chance of approval.

At Yekrangi & Associates, we understand how complex and overwhelming the U Visa process can be. Our experienced immigration attorneys are here to guide you every step of the way, from gathering the necessary evidence to working with law enforcement and ensuring your application is as strong as possible. We are committed to protecting your rights and helping you achieve the safety and stability you deserve.

To schedule an initial consultation with us today, don't hesitate to contact us at (949) 478-4963.