U visas are available to victims of criminal activity in the U.S. However, in order to apply for this visa the crime that transpired needs to be a qualifying crime. One of the most usual crimes is domestic violence. The victim should have suffered significant physical or mental abuse produced by criminal activity.
Applying for a U visa can offer multiple benefits and one of the most important ones is being eligible to apply for a green card after having the visa for at least a year. With the help of a U visa lawyer Miami you can apply for this visa faster. An experienced U visa lawyer Miami understands the law better and will make sure all forms are filled out accordingly.
With so many immigrants women in the U.S. sadly many are vulnerable to exploitation. This is why federal law provides ways to protect these women and you can also hire a U visa lawyer Miami in order to do so . Congress has made changes to immigration laws. For example, we have VAWA created in 1994 to defend women against violence, which includes ways for immigrant women to find support through “self-petitioning.” Then we got the Act of 2000 with new immigration relief forms to help victims of violent crimes (U visas) and victims of sexual trafficking or assault (T visas).
There are a number of crimes that qualify to apply for a U visa. Although in a typical U visa you will have been the victim of a crime committed on U.S. soil, there are cases where the crime may have violated U.S. laws overseas. Some common examples of this are kidnapping crime and human trafficking. Some examples of qualifying crimes, in general are:
In order to apply for this visa you must first complete several steps:
Applying for a U-visa will require quite some time and energy. The process can be simpler if you plan it ahead of time and keep all things organized with the help of a U visa lawyer. Family members and friends can also help you obtain documents and put the application together.
The purpose of this form is to provide short-term immigration assistance to aliens who are victims of qualifying criminal activity, and also to qualifying family members, as applicable. This form should be filed by the victim and may also include family. You must demonstrate criminal activity in violation of State, Federal and local criminal law.
In order to qualify for a U visa you must show the following:
When a petition for U Nonimmigrant Status is approved by the USCIS and you are living outside the United States, you must fill out the application at the United States Embassy or Consulate in the country of permanent residence. Although you can apply in any consulate, it may be difficult to qualify for a visa outside the place of permanent residence. Waiting times for interviews can vary by location, season, and the visa category, etc. This is why you should make sure all forms are filled out correctly ahead of time. You request you visa appointment right after receiving the Form I-797 from the USCIS stating your U nonimmigrant petition was approved. You should not wait for the United States embassy or consulate to contact you. Interviews are generally not required for applicants of certain ages, that is 13 years or younger and 80 years and older. For applicants between ages of 14-79 interviews are required with some exceptions for renewals.
An immigration attorney can help you with putting together an I-192 waiver application, especially when dealing with the more complex inadmissible grounds. A well-versed lawyer can help you decide which grounds of inadmissibility may apply in your specific situation and assist you in completing your U visa application with an I-192 waiver.
Some of the benefits of U visa include:
The crime victim applying for U status is the principal applicant and when accepted will be given a U-1 status allowing the applicant to live and work in the United States for a specific period of time no longer than four years. Principal applicants are also able to apply for derivative U status for some members in the family with Form 918A, of the U visa Recipient. You can do that either at the time of the application or at the time the approval is received. Depending on the age of the applicant and in some cases, the age of the family member and their marital status, some relatives may also qualify for a derivative U status.
The Victims of trafficking and Violence Protection Act (VTVPA) was passed by Congress in October 2000 with the “T” non-immigrant status. Human trafficking is in a way modern day slavery in which individuals are lured with false promises of a better future, employment opportunities, etc. Sadly, many times traffickers take advantage of unemployed individuals with a low economic condition. The T Visa protects these victims and allows them to remain in the U.S. in order for the human trafficking to be investigated and prosecuted.
Talk to a U visa attorney today and find out about ways to ease the whole application process. Gallardo Law Firm sympathizes with those who have been victimized by a criminal offender, particularly when the offender is a United States citizen. Our Firm is dedicated to our U visa clients. We understand how awful can be being undocumented in the United States and on top of that being abused by a criminal, can be devastating. Allow us to provide us with the greatest chance to receive a U visa to help you move forward with your life in the United States.