Remember that the police aren't the only ones who can submit it, especially if the crime occured in a state where the police are not obligated to give responses. It’s a good idea to talk to an immigration attorney about the best agency from who to request a certificate. In cases of child abuse, my clients have gotten certificates from the Department of Child and Family Services. The certificate can be from any designated law enforcement agency including police, a prosecutor, or a judge. Second, you need a certificate signed by a law enforcement official that proves you cooperated with law enforcement to the best of your abilities. In order to qualify for a U visa, you need to have been a victim of one of the above crimes. immigration law specifically designates 28 crimes that qualify for a U Visa: abduction, abusive sexual contact, blackmail, domestic violence, extortion, false imprisonment, female genital mutilation, felonious assault, fraud in foreign labor contracting, hostage-taking, incest, involuntary servitude, kidnapping, manslaughter, murder, obstruction of justice, peonage, perjury, prostitution, rape, sexual assault, sexual exploitation, slave trade, stalking, torture, trafficking, witness tampering, unlawful criminal restraint, and other related crimes. Here’s a breakdown of those requirements. In order to qualify for a U Visa, you need to be a victim of a qualifying crime and you need to have cooperated with law enforcement in the investigation or prosecution of the criminal activity. Let's talk about some of the requirements for a U-visa and the process for getting one. without inspection (illegally) multiple times or have a final order of removal (deportation) against you, you may still be able to apply for a waiver that allows you to obtain a U Visa. Third, the U Visa waives many of the grounds of inadmissibility that other immigrant visas do not. It’s a good idea to consult with an attorney if you are considering this option. The ages of the relatives and your relationship to them will determine whether or not they are eligible. They can receive U visa derivative status and all the same benefits as the principal applicant. When you apply for your U Visa, you can include these relatives on your application.
If you have children, a spouse, parents or siblings that you want to sponsor for immigration, the U Visa gives you a path to do so. Second, with the U Visa you can help your family immigrate. The U Visa ultimately leads to a green card and even U.S. Unlike other immigration statuses like Temporary Protected Status (TPS), it’s not something you have to renew eternally. The U Visa Gets You a Green Cardįirst and most important, the U Visa is a path to permanent residence. There are three amazing benefits of the U Visa.
Through this process, she could eventually obtain Lawful Permanent Resident status without having to wait 10 years outside to apply for a waiver. This way, we could apply to waive the 10 year/permanent bar. I learned that she was the victim of domestic violence in a previous relationship and that she had pressed charges against her abuser. I began to ask her questions to see if she would qualify for a process that would avoid this situation. Had she immigrated through her husband she would have been denied for this reason and likely placed in removal proceedings following the denial. In simple terms, all of these actions triggered the “permanent bar,” meaning she must wait 10 years outside before she can even apply for a waiver for unlawful presence. Mainly, she had left the United States after having accumulated more than one year of unlawful presence in the U.S., and then she re-entered the U.S. As we began discussing her case, I discovered that she had multiple grounds of inadmissibility that made her ineligible for Lawful Permanent Residency status. My client was planning to file for Lawful Permanent Residency in the U.S. This article goes over the process for getting a U Visa, visa benefits, and the current processing time.īefore we get into the details, I’ll give you an example of one of my clients who I advised to pursue a U Visa even though she was married to a US citizen. This visa is an opportunity to qualify for a green card, particularly for people who may be otherwise inadmissible to the U.S. The U Visa is a special visa for victims of crimes.