If you have obtained a U visa, you are probably wondering what’s next. If that is the case, you should know that one of the benefits of this immigration relief is that it allows you to apply for lawful permanent residence after maintaining U visa status for three years, as well as to travel outside the United States or get married.
If you are a migrant seeking immigration relief and have obtained a U visa, this guide from Urbina Immigration Law will guide you through the process of applying for U visa residency. Learn about the requirements and steps to follow to become a permanent resident in the United States.
At Urbina Immigration Law, we are here to help you every step of the way. With our extensive experience and qualifications in immigration matters, we are equipped to guide you through the entire process of applying for legal permanent residency. Contact us today for expert legal advice.
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U visa residency, how to obtain it?
The U visa is a type of nonimmigrant visa granted to victims of certain serious crimes who have cooperated with the authorities in the investigation or prosecution of such crimes. Crimes include, among others, human trafficking, domestic violence, sexual exploitation and kidnapping.
Once you have obtained the U visa, you can start working on the U visa residency application. To do so, it is important that you meet the necessary requirements and follow the correct process in order to obtain it.
However, even though this is a visa for victims of certain crimes, remember that your U visa application may be denied under certain circumstances. To learn more about this topic you can read our article about why USCIS may reject a U visa application and what to do to prevent this from happening.
I have a U visa, can I apply for residency?
Yes. But in order to apply for U visa residency, you must first meet certain conditions. Some of the most important requirements are to have maintained a good immigration record and to have maintained legal status in the United States. In addition, you must have cooperated with the authorities in the investigation or prosecution of serious crimes.
However, keep in mind that there are some crimes that the U visa forgives, as well as others that immigration authorities in general may forgive by applying for a waiveror immigration pardon. You can read more about the crimes that the U visa pardons in our article about these kinds of U visa benefits..
Once you have met these requirements, you must file an immigration petition with the USCIS, along with documents showing that you meet the requirements. You must also undergo a medical examination and a criminal background check.
At Urbina Immigration Law, our immigration attorneys are here to help you through the entire process of applying for lawful permanent residence after obtaining a U visa.
We will guide you every step of the way and provide you with expert legal advice so that you can obtain this immigration relief. Do not hesitate to contact us if you need assistance in this process. Please contact our offices.
Requirements to apply for U visa residency
To apply for U visa residency, certain requirements must be met. It is important to note that meeting these requirements is essential to be eligible for permanent residency. Remember that there are certain steps you can take if your U visa was denied.
For those who are wondering if I already have a U visa can I apply for residency, one of the most important requirements is to maintain the U visa status . To do so, you must comply with all the conditions of U visa status.
In addition, the U visa applicant must also meet all the requirements necessary to apply for lawful permanent residence in the United States. This implies:
- The U visa holder must have been physically present in the United States for at least three years from the date of approval of his or her U visa.
- The U visa holder must not have unreasonably refused to assist law enforcement authorities in the investigation or prosecution of the criminal activity for which the U visa was granted.
- The U visa holder must not have abandoned his or her U visa status for failure to continuously reside in the United States or for committing a crime that would render him or her inadmissible to the United States.
- The U visa holder must be admissible to the United States. This means that you must not have any grounds for inadmissibility, such as a criminal record, health problems or security concerns.
- The U visa holder must have a family, employment or humanitarian relationship that qualifies for a change of status to lawful permanent resident, such as being married to a resident.
- The U visa holder must file Form I-485, Application to Register Permanent Residence or Adjust Status, and pay the appropriate fees.
While for those wondering “I have a U visa, can I apply for residency” the answer is yes, it is important to keep in mind that obtaining a U visa does not guarantee eligibility for permanent residency. Each case is evaluated on an individual basis. It is recommended that U visa holders consult with an immigration attorney for guidance on the specific requirements and process for obtaining permanent residency.
At Urbina Immigration Law, our immigration attorneys can help you better understand the requirements and make sure you meet all the necessary criteria to apply for lawful permanent residency after obtaining a U visa. Do not hesitate to contact us.
What is the process to apply for U visa residency?
The process of applying for lawful permanent residence (green card) after obtaining a U visa involves several steps. These steps include:
Meet eligibility requirements: The U visa holder must meet the eligibility requirements to obtain a green card after being a U visa holder, as mentioned above.
File Form I-485: The U visa holder must file Form I-485, Application to Register Permanent Residence or Adjust Status, with the USCIS. This form requests that the U visa holder’s status be adjusted from U visa nonimmigrant to lawful permanent resident.
Submit Supporting Documents: Along with the Form I-485, the U visa holder must submit supporting documents to demonstrate eligibility for adjustment of status, such as evidence of continuous physical presence, a qualifying family or employment relationship, and admissibility to the United States.
Attend biometric appointment: USCIS will schedule a biometric appointment for the U visa holder, where fingerprints, photograph and signature will be collected.
Attend an interview: USCIS may schedule an interview to further evaluate the U visa holder’s eligibility for adjustment of status.
Receive a decision: USCIS will make a decision on the U visa holder’s adjustment of status application. If approved, the U visa holder will obtain lawful permanent residence and receive a green card. If denied, the U visa holder may appeal the decision or explore other options.
It is important to note that the process of obtaining a green card after holding a U visa can be complex and lengthy. It is recommended that U visa holders consult with an experienced immigration attorney for guidance on the specific requirements and process for obtaining permanent residency. Contact our attorneys at (770) 741-2302.
Can I apply for lawful permanent residence immediately after obtaining my U visa?
No, you must maintain your U visa status for a certain period of time before you are eligible to apply for lawful permanent residence. Generally, you must have been physically present in the United States for at least three years on your U visa.
Do I need to have a sponsor to apply for legal permanent residency?
No, a sponsor is not required for U visa holders applying for lawful permanent residence. However, you must still meet all eligibility requirements and complete the application process.
If I have a u visa, can I apply for residency for my family members?
Yes, certain family members may also be eligible to apply for U visa residency based on your status. This includes your spouse, children and parents.
Does receiving a U visa guarantee that I will be granted lawful permanent residence?
No, receiving a U visa does not guarantee lawful permanent residence. You must continue to meet all eligibility requirements and complete the application process. However, having a U visa can strengthen your case for lawful permanent residence.
What happens if my U visa status expires before I can apply for lawful permanent residence?
If your U visa status expires before you can apply for lawful permanent residence, you may apply for an extension of your U visa status. It is important to work with an experienced immigration attorney to ensure that you maintain your legal status and protect your eligibility for lawful permanent residence.
How can I get legal help to apply for legal permanent residency after obtaining a U visa?
If you need legal assistance in applying for lawful permanent residence after obtaining a U visa, it is important to work with a qualified immigration attorney who can guide you through the process and help ensure that your application is properly prepared and filed.
At Urbina Immigration Law, we have a team of experienced immigration attorneys who can assist you with your permanent residency application. We can assist you with gathering the necessary documentation, completing the required forms, and preparing a strong case to present to the USCIS.
Our attorneys will work closely with you to understand your unique situation and help you navigate the complex immigration system. We understand the importance of obtaining legal permanent residency and will work tirelessly to help you achieve this goal.
Contact us today to schedule a consultation and learn more about how we can help you with your application for lawful permanent residence after obtaining a U visa.
Sources
Other visa U articles that may interest you
Complete guide to the U Visa: What is it and how to apply?
Permanent Residence for Victims of Violence or Crimes
T Visa application: process, requirements and more details
T Visa: How long does it take to be approved?
Once the T visa is approved, is it possible to travel?
U Visa Frequently Asked Questions: Clear Your Doubts
What is the U visa? How can you help me?
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