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U Visa​

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U Visas or green cards, are visas set aside for nonimmigrant victims of certain crimes who have suffered or are suffering from mental or physical abuse. Victims of crime can qualify for a specific green card but must have U nonimmigrant status.

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If you have been a victim of a crime, a U visa lawyer can help you. The U visa lawyers of Los Angeles will review your situation and see if you are eligible for a U visa and help you through the process of attaining a U visa. Our U visa attorneys understand the complex emotions and trauma that comes with being a survivor of criminal activity and violence. We can walk with you every step of the way through your U visa application process.

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What is a U Visa?

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Victims of specified mental or physical abuse and can help United States law enforcement or government prosecute criminal activities may qualify for the U nonimmigrant visa. The U visa was created by Congress in October 2000. The visa was created to make it possible for victims of sex crimes such as the human trafficking, sexual assault, physical abuse, and other violent crimes to come forward to law enforcement authorities.

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Oftentimes, those who are victims and survivors of such crimes do not feel safe coming forward to authorities for fear of deportation or detainment. Many such victims are usually undocumented immigrants and do not have legal immigrant status, making the fear of US Immigration and Customs Enforcement (ICE) seem unapproachable. Because of this, criminals who target undocumented immigrants often get away with their crimes. This leads to immigrant communities becoming subjected to crimes.

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However, with the U nonimmigrant visa, the hope is that more of these victims can feel safe to approach law enforcement so justice can take place. With survivors coming forward to tell of the crimes that happened to them, the hope is that law enforcement’s ability to investigate and build a case against criminal activity will be better.

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U Visa Eligibility: Who Qualifies for a U Visa?

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To be eligible for a U Nonimmigrant Visa, you must meet the following qualifications:

  • You were or are a victim of criminal activities qualified by the United States Citizenship and Immigration Services (USCIS)

  • Your victimization in a crime involved suffering significant physical or mental abuse

  • You can provide information about the criminal activity of which you were a victim. There are exceptions if you are under 16 years old where a close third party can inform about the crime on your behalf

  • You can help law enforcement in the investigation and/or prosecution of the crime, proven via a Law Enforcement Certification

  • The crime that happened to you occurred in the United States or violated U.S. law

  • You are admissible to the United States. If you are inadmissible, speak with your U visa lawyer about steps to take.

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Certifications for U Visa Applicants

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In order to apply for the U nonimmigrant visa, you will need a law enforcement certification. To complete this process, you will need to complete Form I-918B. The form confirms that you are both a victim of a qualifying crime and are willing to cooperate with an investigation and/or prosecution of that crime. The perpetrator does not need to be convicted of a crime for you to qualify for a U visa or complete the USCIS form. If you do qualify, you just need to prove that you are willing to and/or have been cooperative with United States investigations or prosecution. The form does need to be signed by a law enforcement agency member.

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The most difficult part of filling out a law enforcement certification is getting the form signed by a law enforcement agency member. Depending on what your story is.

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If you are wondering, “is there a U visa lawyer near me?” The lawyers at Ween Acevedo’s office can be available in person or over the phone to walk you through how to fill out your law enforcement certification. The law enforcement who signs your certificate varies between state, town, and district. Many law enforcement agencies will create hurdles in their policies that disallow you to qualify depending on location. Working with an experienced immigration attorney will help you navigate the potential barriers that could block you from attaining your U visa.

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What Does the U Visa Provide Victims?

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If approved, the U visa provides victims with several benefits including:

  • Temporary immigration status for qualifying family members

  • Temporary immigration status with work authorization

  • Possibility of lawful permanent residence status

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The U visa is also a pathway to citizenship. Once your U visa application is accepted, then you are given lawful immigration status in the United States. Your temporary permanent residence allows 4 years of validity. After your third year as a U visa holder, you can speak with your U visa attorney about your green card eligibility. When you get to the point where you are ready to apply for your Legal Permanent Residency, speak with your U visa lawyer for next steps.

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How to Apply for a U Visa (Green Card)

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To petition for a U nonimmigrant visa, you must fill out Form I-918, Petition for U nonimmigrant status. The supplement B portion of Form I-918 is for the authorized service to sign off, as discussed above. Again, an authorized official must sign this document stating that you have been, will be, or are of help to the United States government. You must be willing to aid in the investigation or prosecution of criminal activity. Your abuser does not have to be convicted in order for this form to be signed.

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If you are outside of the United States, speak with a U visa attorney to pursue a petition.

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