The U visa was created by Congress in 2000 to protect victims of certain crimes. Due to the delicate situation in which many migrants find themselves , it is very common for them to fear going to the authorities if they suffer any type of crime. For this reason, the government decided to offer them protection and put into effect this visa that seeks to provide immigration status and justice.
Victims should not fear any legal retaliation such as deportation. That is the raison d’être of this visa: to protect the unprotected.
Table of Contents
How do I know if I qualify for a U visa?
While the U visa does not protect against all crimes, it does protect victims of domestic violence, stalking, sexual assault, kidnapping, human trafficking, torture, and aggravated assault. domestic violence, stalking, sexual assault, kidnapping, human trafficking, torture and aggravated assault, among others.among others.
The U visa is a delicate process in a situation that is even more so. Therefore, it must be done carefully, patiently, knowing all the requirements and steps to follow. We recommend that you seek the advice and assistance of a professional lawyer before taking any action.
Visa U benefits
The U visa gives its beneficiaries the possibility of accessing not only to a work permit and a social security number, but also to a work permit and a social security number, but it also gives thembut also gives a free hand to apply for permanent residency after having held the U visa for 3 years.
In addition, there are certain conditions under which the beneficiary’s family members may obtain a U visa. That is, if the applicant is under 21 years of age, his or her spouse, children, parents and unmarried siblings under 18 years of age may apply for the U visa along with him or her. On the other hand, if the applicant is over 21 years of age, his or her spouse and unmarried children under 21 years of age may also apply for a U visa.
Finally, another important benefit is that this visa ensures protection. Whoever obtains it will not be deported, but will have legal status and will probably be initiated in the repatriation process.
What are the eligibility criteria for the U visa?
In principle, in order to be eligible for a U. visa, the following requirements must be fulfilled the following requirements must be met:
- You have been victim of a crime eligible for protection.
- The crime took place in the United States.
- You have information to contribute about this crime and may also be helpful to your investigation.
- Proof of physical and/or emotional harm.
- None of the “grounds of inadmissibility” applies to you. applies to you.
How to obtain a U visa?
As with any process, an extensive set of forms and applications must be completed and submitted for the U visa. First, asigned statement from the applicant, indicating the criminal action suffered, and how he/she has assisted the authorities with their investigation.
On the other hand, form 1-9188 must be submitted with the data provided by the police station where the investigationof the crime suffered by the applicant was carried out . It is a certification that has to be completed by the same agency, so the victim of the crime should contact them to fill out the form. In the event that you are unable to obtain this certification from the police station, you should contact a professional and obtain legal assistance to pursue other options.
What happens after I submit the application?
Once the procedures have been completed and the proper forms and certifications have been sent, the only thing left to do is to wait for a response from the immigration agency. Unfortunately, the waiting time for the U visa is very long. For this very reason, the government has opted to offer a status during the wait.
USCIS offers applicants work permit and deferred action until a final decision is until a final decision is made.
How long does it take for the U visa to be approved?
Waiting times for the U visa are their biggest obstacle, averaging more than 5 years. This is because Congress limited the number of U visas issued per year to 10,000. This resulted in the lists continuing to lengthen indefinitely.
Can the U visa be denied?
Like any immigration process, the U visa can be rejected by USCIS. The reasons are various, such as lack of evidence, incomplete documentation or poorly submitted applications.
In the event that you receive notification of rejection of your application, do not panic. Denial does not mean that deportation proceedings will immediately be initiated, but instead, you will maintain the same legal status you had before the U visa.
Is it possible to travel with a U visa?
For those who have been in the United States without permission for more than 180 days, it is recommended to do not travel abroad with the U visaThey run a high risk of not being able to re-enter the country or have some kind of complication later on during the application for permanent residence.
Do I need an immigration lawyer?
As you may have noticed, the U visa process is a winding road, many things can go wrong, and the consequences are definitely undesirable. Therefore, it is always advisable for those interested in applying to go to an immigration lawyer who knows about the subject and can offer you the best possible legal assistance for your specific case.
The immigration relief that is the U visa is intended for victims of certain crimes. If you have suffered physical or mental abuse, our attorneys can help you.