Victims of skilled crimes face many obstacles when seeking immigration relief. In addition to the emotional aftermath of the crime, you may have immigration problems if you are not a U.S. citizen. That’s where the U visa comes in.
The U visa grants immunity from certain crimes and can provide a pathway to legal residency. path to legal residency in the U.S. in the United States. To this end, it is important to know which crimes are pardonable by the U visa and which are not.
This article, written by the immigration specialists at Urbina Immigration Law, seeks to provide a comprehensive guide on what crimes the U visa does not pardon and how to seek legal assistance.
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U Visa: Eligibility Criteria
The U visa can offer many advantages to eligible victims of violent crimes. These include temporary legal status, employment authorization, protection from deportation and a pathway to a green card.
Designed specifically for victims of certain crimes who have cooperated with law enforcement, the U visa can be a lifesaver for those seeking protection and stability in the United States. However, for this to be the case, a number of requirements must be met. For example, to know first hand what crimes the U visa pardon and what crimes the U visa does not pardon.
What crimes does the U Visa pardon?
If you have been a victim of a crime in the U.S. but do not meet the admissibility requirements, it is important to know that U visa status grants you certain special waivers. The waivers provided by the U visa can help people who are ineligible for most other forms of immigration relief.
If you are wondering what crimes the U visa pardon, below we will discuss the specific pardons offered by the U visa and how they can help crime victims overcome potential obstacles in their immigration process.
Pardon for unlawful presence
Eligible crime victims who are in the United States without lawful status are eligible for a waiver of unlawful presence. This type of waiver allows individuals to apply for a U visa even if they have been in the country illegally for a long period of time.
Pardon for deportation
Individuals who have been deported from the U. S. still qualify to be eligible for a U visa if they meet certain criteria. The U visa allows for a waiver of removal orders, which can provide relief to individuals who have been deported in the past.
Pardon for immigration violations
The U visa may also offer a waiver for certain simple immigration offenses. These include: Fraud by seeking to enter the U.S. with false or other individuals’ documents, impersonating a U.S. citizen, returning to the U.S. after a voluntary departure, among others.
Pardon for misdemeanors
Many misdemeanor criminal convictions may prevent individuals from receiving eligibility for an immigration visa. However,the U visa provides a waiver of most criminal convictions for minor offenses, making it a viable option for crime victims who may have a criminal record.
If you would like to learn more about what crimes immigration does not forgive, visit our article dedicated to this topic.
If you are unsure whether your situation qualifies for a U visa or whether you fall within the list of what crimes the U visa pardon, it is important to seek legal advice from an experienced immigration attorney.
At Urbina Immigration Law, we have extensive experience helping crime victims navigate the U visa process. Contact us today to schedule a free consultation. Get the help you need.
What crimes does the U Visa not pardon?
It is important to note that, even though the U visa may offer exemptions for certain past offenses, it does not pardon or exempt any serious criminal activity in which the victim may have been involved.
Some crimes, such as espionage or the crimes related to terrorismare specifically excluded from the U visa program. In addition, if an applicant has committed certain serious crimes or poses a serious risk to the applicant’s health or safety, he or she may be excluded from the U visa program. threat to national securityEven if you are a victim of a qualifying crime, you may be denied a U visa.
However, there are other reasons for your U visa. If you want to know what they are, you can read our note on this topic.
Among the list of what crimes the U visa does not pardon, USCIS will not waive or provide any other form of assistance if yours falls within the following U visa non-waivable crimes:
- Participating in a genocide.
- Participate in Nazi persecution.
- Engaging in acts of espionage.
- Engaging in acts of terrorism.
- Engaging in any act of torture.
- Engaging in an act of extrajudicial killing.
As can be seen, the list of what crimes the U visa does not pardon involves acts against humanity for which it can be considered inadmissible. USCIS will consider such information when making a decision on your Green Card application.
It is also important to remember that simply being a victim of a crime does not automatically make someone eligible for a U visa. meet all other eligibility requirementsincluding cooperating with law enforcement and demonstrating substantial harm as a result of a crime.
Navigating the provisions of what crimes the U visa pardon and what crimes the U visa does not pardon can be complex, but they provide an avenue of immigration relief for eligible crime victims. The assistance of a qualified immigration attorney can help you assess your U visa eligibility and receive personalized advice.
Other considerations: U visa risks
Applying for a U visa carries some risks that you should be aware of. Here are some factors to consider before applying for a U visa:
- Your U visa application may be subject to increased scrutiny due to changes in immigration policies or priorities.
- If your application is denied, you may be placed in deportation proceedings or lose eligibility for other forms of relief.
Another thing that could jeopardize your immigration status as a U visa holder is getting married. While this should not necessarily cause you any problems, there are cases where getting married could hurt your application for a U visa, you can read our note on this topic.
It is important to consult with an experienced immigration attorney before filing your U visa application to weigh the risks and benefits. At Urbina Immigration Law we can help you analyze your case and help you choose the best possible legal course of action.
A viable option for victims of crime
In conclusion, the U visa can offer many advantages to eligible victims of criminal activity, including temporary legal status, employment authorization, protection from deportation, and a pathway to a green card. The U visa also offers an immigration waiver for various crimes, making it one of the few immigration options available to those who are not eligible for most other types of waivers.
If you are a victim of a qualifying crime and are seeking to apply for a U visa, Urbina Immigration Law is here to help. Our experienced attorneys can provide the guidance and support you need to achieve your immigration goals. Contact us today to schedule a consultation.
What crimes qualify for a U visa?
Qualifying crimes for the U visa include domestic violence, sexual assault, human trafficking, kidnapping and aggravated assault.
Can I apply for a U visa if I am in deportation proceedings?
Yes, persons in removal proceedings can apply for a U visa, and it can also provide a defense to removal.
Can family members also apply for a U visa?
Yes, certain family members of the victim may also apply for a U visa, including spouses, children, parents and siblings. They must meet the eligibility requirements and obtain their own U visa approval.
What are the benefits of obtaining a U visa?
The U visa provides temporary legal status, employment authorization and protection against deportation. It also provides a pathway to a green card and the ability to assist family members in obtaining immigration status. In addition, U visa applicants are protected by special confidentiality provisions that prevent disclosure of their information.
Sources
USCIS – U Visa
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