The U visa is a type of visa specially designed to give legal status and protection to migrants who are victims of certain crimes. Now, what are “indirect victims” for the U visa? What are the requirements to qualify as such? Today, the experts at Urbina Immigration Law will explain the difference between a direct and indirect victim of a crime for this type of visa and what requirements applicants must meet in each case.
Don’t face the complex U.S. immigration system alone. At Urbina Immigration Law we can help. We know what you are going through, and that is why we put all our experience and efforts into getting you the visa you need to secure your future.
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How can I prove that I was the victim of a crime?
To obtain a U visa, you must prove that you were a victim of a qualifying crime. qualifying crime. For this, it is important that you recount what happened in your personal statement, as well as obtain witness testimony, police reports and court records, among other useful evidence.
In most of these cases, the person who suffered the crime, referred to as the “direct victim,” will be the U visa applicant. However, USCIS also accepts applications from individuals who were not direct victims but were victimized by crimes that occurred to their immediate family members.
What does it mean to be an “indirect victim” for a U visa?
In the context of a U-visa, then, an indirect victim refers to a person who has been the victim of an significantly affected by a crime due to the victimization of a loved one and that, even though were not directly affected by the crime itselfsuffered physical and psychological damage due to the consequences of the crime on your loved one’s lifeThey may qualify for this kind of visa.
If a close family member was a victim of a crime, he or she may qualify for a U visa as an indirect victim. At Urbina Immigration Law we can help you obtain the visa you need to start a better life in the United States. Tell us your case and let’s start fighting together for your rights.
Who can be considered as indirect victims for the U visa?
Indirect victims for the U visa may include immediate family members of direct victims of qualifying crimes, a category that includes:
- Spouse of the direct victim of the crime.
- Unmarried children under 21 years of age of the direct victim.
- Parents and siblings under 18 years of age (as long as the direct victim is under 21 years of age).
On the other hand, an indirect victim for visa U can be a close relative of a victim of a crime that has been:
- Murdered as a result of a homicide crime.
- Is incompetent or incapacitated and cannot give information about the crime or be helpful in its investigation or prosecution.
Remember that this is an extremely complex process that is compounded by everything you have already endured as a victim. Do not face it alone. Urbina Immigration Law’s experienced legal team can help you get the visa you need to start a better life. Contact us today and get the help you deserve.
U visa requirements for indirect victims
As for the U visa requirements for indirect victims, these are exactly the same as in cases where the applicant was a direct victim of the crime.
However, indirect victims need not prove that they suffered the crime itself, but must prove that they meet all of these remaining requirements, which are:
- Have suffered substantial physical or mental abuse as a result of such a criminal act.
- Provide information about criminal activity.
- Have been helpful or are assisting law enforcement entities in the investigation or prosecution of the crime.
- The crime occurred and/or violated the laws of the United States.
- Be eligible for admission to the United States. However, you may apply for a waiver or waiver if your case warrants it.
Do not face this complex process alone. If you believe you qualify, Urbina Immigration Law can help you obtain a U visa and give you the protection you need after the difficult situation you have been through. Contact us today and get the quality legal help you deserve.
U Visa for parents who are indirect victims of a citizen child, who qualifies?
The case of the U visa for parents who are indirect victims of a citizen child is one of the most common. Any parent of a U.S. citizen may apply for a U visa as an indirect victim, as long as their child has suffered one of the qualifying crimes.
When the victim of a crime is under 21 at the time the crime was committed, both his or her parents and siblings under 18 may be considered indirect victims and may apply for a U visa.
Can indirect victims apply for family members for a derivative U visa?
Yes, indirect victims may apply for certain family members as derivative beneficiaries of the U visa, as long as both the victim and the derivative family members meet the necessary requirements.
Remember that family members who may qualify for a U derivative visa are:
– If the principal applicant is under 21 years of age: Parents, spouses, children, and unmarried relatives under 18 years old.
– If the principal applicant is over 21 years of age: Spouses and/or children.
What documentation do I need to submit to apply for a U visa as an indirect victim?
Indirect victims of qualifying crimes must submit the following documentation to obtain their U visa:
– Passport.
– Birth certificate.
– Visa (if you have one).
– Form I-918Petition for U Nonimmigrant Status.
– Supplement B to Form I-918 (under the name of the indirect victim).
– Form G-28, Notice of Appearance as Attorney or Authorized Representative.
– Detailed cover letter with index of supporting documents.
– Detailed statement or affidavit of the applicant.
– Immigration waiver (if you have any cause of inadmissibility to enter the country).
– Form I-192, Application for Advance Permission to Enter as a Nonimmigrant.
– Supporting evidence (police reports, medical reports, witness testimonies, etc.).
What evidence do I need to apply for a U Visa?
Whether you are an indirect or direct victim, there is some evidence that, while not essential, may help you get your application approved by the authorities. This supporting evidence includes:
– Personal statement: This document can help you explain possible gaps in your history and any details that may seem strange to the authorities. In addition, it can be used to explain and support answers given on other forms.
– Police reports: This document serves as evidence of the existence of the crime, as well as proof of your cooperation with the authorities in their investigation and of the damages you suffered.
– Court records: This document also serves as evidence of the existence of the crime and provides other information relevant to your case, such as names of defendants, witnesses, etcetera.
– Medical reports: These documents, along with letters from doctors and mental health professionals, can serve as evidence of the harm caused by the crime you suffered.
How long is a U visa valid for?
The U visa is valid for 4 years. However, you may request an extension in specific situations, which are as follows:
– Extension at the request of a law enforcement agency.
– Extension due to exceptional circumstances.
– Extension for delays in consular processing.
– Automatic extension for filing and processing of adjustment of status application (Green Card application).
Obtaining a U visa with professional help
As we have seen, any immigrant who has committed a qualifying crime may legitimately apply for a U visa, whether a direct or indirect victim of the crime in question. However, the process continues to be just as complicated, compounded by the complexities of trauma and concern for the well-being of loved ones.
Do not face this situation on your own. The team of professionals at Urbina Immigration Law knows what you are going through and will put all their experience and dedication to help you get the visa you need to start a better life in the United States. Tell us your case today and let’s start fighting together for your right to a better future.
Sources
USCIS – Victims of Criminal Acts: U Nonimmigrant Status
USCIS – Permanent Residency for Nonimmigrants U
USCIS – I-918, Petition for U Nonimmigrant Status
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Complete guide to the U Visa: What is it and how to apply?
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U Visa: Steps to follow after approval
Types of crimes that qualify for the U Visa: What are they?
How to obtain legal permanent residence after obtaining a U visa?
Can I travel outside the U.S. if my U visa application is approved?
Guide for beneficiaries: If I have a U Visa, can I get married?
Can the U visa be denied?: Tips for success
U Visa Benefits: Which crimes are pardonable and which are not
Deferred Action for U Visa: A Guide for Victims of Crime
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