The U visa is a legal remedy for victims of certain crimes, protecting and giving them access to legal status. But, after my U visa is approved, what’s next? Together with the experts at Urbina Immigration Law, we will look at how to move forward in the immigration process.
At Urbina Immigration Law we are here for you. Our immigration attorneys can help you move through the immigration process. Don’t let the complexities of the system overwhelm you. Talk to an attorney today and take the next step towards your new life in the United States.
Table Of Contents
How do I know if my U visa was approved?
You can find out if your U visa application was approved by using the U visa application receipt number. The means to know the status of your request are:
- Online visa status checker: You can check whether your U visa was approved online through the USCIS Case Status System. Simply enter your application receipt number and follow the instructions to find out the status of your application.
- By telephone in the United States: Another way to find out if your U visa was approved is to contact the USCIS National Customer Service Center by calling 1-800-375-5283 (press 2 for Spanish instructions) or 1-800-767-1833 (TTY, for the hearing impaired).
- Via telephone abroad: If you are abroad, call 212-620-3418 or contact one of the USCIS international offices to find out if your U visa application has been approved.
Don’t let uncertainty steal your peace of mind. At Urbina Immigration Law, our attorneys will keep you up to date with the status of your application. Contact us today and get the information you need.
U Visa Approved: What’s Next?
Once you have an approved U visa, the next step is to apply for permanent residency. To do so, you will have to meet the following requirements:
- The principal applicant must hold an approved U visa.
- Eligible derivative family members include spouses, unmarried children under the age of 21, and, in some cases, parents if the principal applicant was under the age of 21 at the time of filing the U visa application.
- Must demonstrate continuous presence in the U.S. for at least three years from the date U status was obtained.
- You must comply with the obligations related to the investigation and prosecution of your U visa case.
- You must provide evidence of good conduct and compliance with the law.
- You must demonstrate family reunification or humanitarian reasons to justify permanent residence.
Remember that these requirements may vary. Therefore, it is important to consult with an immigration attorney to obtain updated and detailed information. At Urbina Immigration Law we can help you. Talk to an attorney today and take the first step towards permanent residency.
How to apply for permanent residence with an approved U visa?
Once your U visa application has been approved, the next step is to apply for legal permanent residency (Green Card). You can do this by following these five steps:
Step 1: Comply with the time requirement
You must maintain U visa status for at least three years from the date you obtained it. During this time, you must be physically present in the U.S., so it is recommended that you avoid traveling abroad.
Step 2: Review your history
One of the requirements for obtaining this visa is active cooperation in the investigation and prosecution of the crimes of which you were a victim. Therefore, you must ensure that you have not unreasonably refused to provide assistance requested by the police in connection with such investigation or prosecution during the three-year period.
Step 3: Evaluation of your merits
USCIS will evaluate whether your continued presence in the United States is justified on humanitarian grounds, to preserve family unity, or in the public interest. If your case has no negative factors, it is more likely to be considered to be in the “public interest”.
Step 4: Submit the application
After completing the above steps, you may file an application for adjustment of status to obtain permanent residence. To do so, you must complete and file Form I-485 (Application to Register Permanent Residence or Adjust Status) with USCIS.
Step 5: Waiting for the decision
Once you have filed your application, USCIS will review your case and make a decision. This process may take a few years, but do not despair: USCIS will extend your U visa status and you will be able to apply to renew your work permit while you wait for a decision on your adjustment of status application.
Please note that each case is unique and some additional instances may arise. Therefore, it is important to consult with an attorney for specific guidance on your situation. Our professionals can help you. Tell us about your case and take the next step towards permanent status.
What documents do I need to obtain permanent residency with a U visa?
To obtain permanent residency with a U visa, you will need to gather the following documents:
- Form I-485 (Application to Register Permanent Residence or Adjust Status).
- U Visa Approval Letter (Form I-797) and copy.
- Proof of identity, such as passport, birth certificate, or identification card.
- Proof of admission and U status, such as the Form I-94 (Arrival/Departure Record).
- Proof of continuous residence in the United States for at least three years from the date U status was obtained.
- Proof of good conduct and compliance with the law, such as criminal records and police records.
- Proof of compliance with the obligations related to the U visa case.
- Proof of family reunification or humanitarian reasons to justify permanent residence.
- Medical examination by a USCIS authorized physician.
- Additional filing fees and documents (as required by USCIS).
It is important to speak with an immigration attorney to obtain a complete and up-to-date list of required documents. At Urbina Immigration Law we can help you get your documents in order. Contact us today and let’s get your paperwork up to date.
How do I know when my U nonimmigrant status begins?
You can find out when your U nonimmigrant status begins in different places depending on your particular situation once your U visa is approved:
- Received U status in the U.S.: In these cases, you will find the start date on the USCIS approval letter and the attached Form I-94. The completion date, on the other hand, is indicated in the approval letter and on your work permit. Its duration is four years for principal applicants and varies for derivatives.
- Received U status abroad: In these cases, the start date will be based on your Form I-94 and other admission documents. The completion date is on the USCIS approval letter, on the U visa in your passport and on your work permit.
How long does it take for a U visa application to be approved?
The wait time for a U visa application can take several years due to high demand and the annual cap of 10,000 visas, among other factors. This is why it is important to consult an attorney to obtain a more accurate estimate of your case.
What is a good faith determination?
A good faith determination is an evaluation that USCIS conducts to determine whether a U visa application is legitimate. It involves a background check, a completeness check, and a personal statement.
If you meet the requirements, USCIS will grant you a work permit and deferred action for four years while awaiting a final decision on your visa. Derivative family members may also receive these immigration benefits if they qualify.
What will my immigration status be while I am waiting for my U visa approval?
While you are waiting for the government to evaluate your application, you will be given deferred action nonimmigrant status. This means that you will obtain a work permit and be able to reside legally in the United States while your application is being processed.
Although it is not a permanent immigration status, deferred action considers you a low priority for deportation, providing some protection while you await a decision on your U visa.
Can the U visa be denied?
Yes, a U visa application can be denied. In such cases, your status will remain the same as before the application. However, denial does not automatically lead to deportation. You can appeal the decision or consider other legal options with the help of an immigration attorney.
Legal assistance to obtain residency
An approved U visa is a source of relief for any migrant. However, it is important to follow the immigration process towards a permanent legal status. This could ensure not only their stay in the country, but also that of some of their loved ones.
In this sense, the importance of having an immigration lawyer is enormous. A professional will help you not only navigate the complex immigration system, but also analyze options to bring peace of mind to you and your loved ones. Do not risk your status by facing these processes on your own. Talk to our attorneys and take the first step towards permanent residency.
Sources
usa.gov – How to find out the status of a visa application
USCIS – Victims of Criminal Acts: U Nonimmigrant Status
USCIS – Adjustment of Status
USCIS – Form I-94, Record of Entry/Departure, Information for Completing USCIS Forms
Other resources
Complete guide to the U Visa: What is it and how to apply?
Can the U visa be denied?: Tips for success
Types of crimes that qualify for the U Visa: What are they?
U Visa Bona Fide Determination Process: Eligible Applications and Benefits
Deferred Action for U Visa: A Guide for Victims of Crime
