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Special Immigration Option for Victims of Crime
Many paths for legal immigration into the United States exist. From green cards through family or employment to options like the U visa, which provides a potential refuge for those who are victims of certain crimes, it’s important to consider all your immigration options.
Talking with an immigration attorney about your options is an important first step. Your lawyer can help you understand what path might be best in your case and what applications and forms will improve your chances of getting a visa.
What Is a U Visa and Why Does It Exist?
The U visa, or U nonimmigrant status, was created under the Victims of Trafficking and Violence Protection Act in 2000. The goal of this law was to provide some additional ability for law enforcement agencies to protect victims of certain crimes while also seeking to investigate those crimes and prosecute those responsible when possible. This included the creation of a visa status that allowed victims of crime who were willing to support investigation efforts to gain legal access to and protection in the United States.
Who Is Eligible for This Type of Visa?
U immigrant eligibility is only relevant to certain types of crimes. Some types of criminal activity that might qualify victims for this visa option include abduction and kidnapping, blackmail, sexual assault and abuse, stalking, torture, manslaughter or murder, and trafficking.
This is not a comprehensive list, and even the US Citizenship and Immigration Services doesn’t provide a 100% comprehensive list.
Instead, it provides a list of qualifying criminal activities and states that similar activities to those on the list may also apply. An attorney can help you understand whether you can make a case that you are eligible for a U visa based on crimes you were a victim of.
Eligibility also requires you to be willing and able to help law enforcement in investigating the crime or prosecuting criminals related to the crime. The crime also has to violate US laws or occur in the US, and you must have suffered mental or physical abuse related to being a victim. In addition to these requirements, you have to be admissible to the country or be able to complete and receive approval for a waiver for this requirement.
What Are Some Common Challenges When Applying for a U Visa?
All visa processes are fairly complex and come with challenges. That includes ensuring you complete all paperwork correctly. Failing to include required information or making a mistake on a form can result in the denial of your visa or a delay in processing.
In addition to these common challenges, individuals seeking entry into the United States based on a U visa may face some specific obstacles. First, there is a cap on how many of these visas are approved each year. Only 10,000 principal petitioners are approved every year via this process. Applicants above this number go on a waiting list, so you may have to wait more than a year to receive your visa.
A second common challenge for U visa applicants is in demonstrating eligibility. You may need to demonstrate that you are the victim of serious mental or physical abuse related to crimes and that you have information that would be beneficial to law enforcement.
While you may be exempt from certain fees related to applying for this type of visa, the process can be confusing and overwhelming to navigate. You may need to investigate fee structures and filing deadlines and meet various administrative requirements. You might also want to ensure your family members, such as your children or spouse, are protected if you obtain such a visa. The U visa process does allow for family members to receive immigration status too.
Finally, while someone seeking a U visa is dealing with all of these common challenges, they could still be a victim of criminal activity or in danger because of what they know. It can be difficult to balance these worries and risks while applying for and waiting on the status of a U visa.
How Can an Immigration Attorney Help?
An immigration attorney begins by listening to your story and providing you with options for seeking a visa that might work best for you. They can help you understand the requirements and complete forms and other paperwork while reducing risks associated with errors. Your attorney may help you build a case for U visa eligibility and navigate necessary conversations with immigration agents or law enforcement.
An experienced immigration lawyer also sticks with you throughout the process. They may be able to help even if your initial application is denied, for example. Immigration lawyers understand the overall process of seeking a visa, including related appeals processes.
Even if you are currently working with law enforcement and have been promised U visa status in return for your help, you may want someone who is dedicated to protecting your rights and interests throughout the process. For more information on how an immigration attorney can help in your path to a U visa—or any other type of immigration—contact Aaron G. Christensen, Attorney at Law, PLLC, today by calling 346-423-2375.
