U VISA – PROTECTING VICTIMS OF CRIME IN THE U.S.
Being the victim of a serious crime is devastating, but being undocumented on top of that can make you feel utterly powerless. The U Visa is a humanitarian visa for non-citizens who have suffered certain crimes in the U.S. and helped law enforcement in the investigation. If you have been a victim of domestic violence, sexual assault, felonious assault, human trafficking, or many other crimes, the U Visa could be your ticket to lawful status, work authorization, and eventual permanent residency – all while keeping you safe from deportation. Our firm is passionate about U Visa cases; we stand up for victims and make sure your bravery in coming forward is rewarded with the legal security you need.
Do I Qualify for a U Visa?
You may be eligible for a U Visa if all of the following apply:
Qualifying crimes cover a wide range of offenses, such as domestic violence, rape, sexual assault, human trafficking, incest, kidnapping, unlawful criminal restraint, abduction, extortion, blackmail, felonious assault, stalking, manslaughter, and many others. (There are about 30 qualifying crimes listed in the law, including attempts or conspiracy to commit those crimes.) We will evaluate whether the incident you suffered falls under the qualifying crimes.
This can include obvious physical injuries, but also psychological trauma, ongoing fear, depression, or other lasting harm from the incident. We will help document the impact on you through medical records, therapy reports, or personal statements.
A U Visa generally requires a law enforcement agency to certify your cooperation (this is Form I-918B, usually signed by a police officer, detective, or prosecutor). Essentially, you must have reported the crime or assisted in the investigation/prosecution in some way. If the perpetrator was charged or convicted, that helps, but is not required – what’s required is your willingness to assist and provide information. If you were a victim who was too young or too traumatized to personally cooperate, a parent or guardian’s help can count on your behalf. We have successfully obtained U Visa certifications even in cases that are years old or where the perpetrator wasn’t caught, by highlighting our clients’ attempts to aid the authorities.
U Visa cases involve crimes that happened on U.S. soil. We’ll focus on incidents that took place here or that fall under U.S. jurisdiction.
What Are the Benefits of a U Visa?
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Legal Presence & Work Permit
Once a U Visa is approved, you can live in the U.S. lawfully for up to 4 years and will receive a work permit (employment authorization). This allows you to get a Social Security number, open a bank account, build credit, and work toward your goals without fear. -
Protection from Removal
From the moment a U Visa is approved, you are generally safe from deportation. In fact, by law, only 10,000 U Visas can be approved each year, so there is a waiting list. While on the waiting list, U visa petitioners get deferred action, which means they are not deportable and can also obtain a work permit during that waiting period. This is one reason many people choose to apply: even if the process takes time, you gain a level of security and can start rebuilding your life in the meantime. -
Pathway to a Green Card
Perhaps the greatest benefit is that a U Visa opens the door to permanent residency. After three years in U Visa status, you can apply for a green card (adjustment of status), as long as you meet the requirements (such as continued presence in the U.S. and continued assistance to law enforcement). Many of our U Visa clients go on to get green cards and eventually U.S. citizenship. The U Visa is a rare chance for those without status to gain a lawful permanent solution, especially if other family-based or employment options aren’t available due to unlawful entry or other issues.
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Derivative Visas for Family
U Visas allow you to include certain family members so that your immediate family can benefit and remain safe. If you are under 21, you can include your spouse, children, parents, and unmarried siblings under 18 on your application. If you are 21 or older, you can include your spouse and unmarried children under 21. This means your close family may receive U derivative visas, protecting them and giving them work permits as well. Family unity is a core value of our firm – we will make sure to consider all eligible relatives so you don’t have to be separated from your support network. -
Other Benefits
With a U Visa – or even a pending U Visa (once you have deferred action status) – you can obtain a Social Security number, and some states may allow you to get a driver’s license. You may also become eligible for certain public benefits or victim assistance programs depending on state laws. Economically, having legal status and work authorization can vastly improve your job opportunities and earning potential, allowing you to integrate into your community and build a stable life.
Why Choose Us for Your U Visa?
First, we genuinely care about our clients. As an immigrant-founded firm, we know what it’s like to fight for a better life in America. When you come to us, we don’t see you as “undocumented” – we see you as a courageous individual seeking justice and safety. Our team works tirelessly and creatively to overcome any hurdles in your case. We have a deep knowledge of the U Visa process, the common pitfalls (like incomplete forms or lack of evidence), and how to avoid them. We also stay up-to-date on policy changes. Our goal is not just to file papers, but to make sure you feel supported and heard throughout this journey. We know you’ve been through a lot – we aim to lighten your burden and give you hope.
Many people are afraid to apply for a U Visa because they worry about their own past (perhaps an old deportation order or unauthorized work). Rest assured, even if you have a prior deportation or other immigration violations, we can often get those waived in the interest of justice. Don’t disqualify yourself without getting legal assistance – you might be surprised that you qualify despite prior issues. We will be honest and thorough in evaluating your case.
Take the Brave Step Forward
Every year, thousands of immigrants find relief and a new beginning through U Visas. You could be one of them. The process may be long, but the sooner you start, the sooner you can obtain legal status and protection. If you’ve helped the police after being a crime victim, you’ve done your part – now let us do ours. Contact our office for a confidential case evaluation about your U Visa options. We’ll guide you with knowledge, compassion, and steadfast advocacy. Your bravery deserves to be rewarded with the security of legal status. Let’s work together to turn a painful experience into a brighter future for you and your family.
Frequently Asked Questions – U Visa
A U Visa is a type of immigration relief for people who have been victims of certain crimes in the U.S. and cooperated (or are willing to cooperate) with law enforcement. It’s available to victims of a wide range of serious crimes. You do not need to be a citizen or have legal status to qualify, and even indirect victims in some cases may be eligible.
Yes. A delay in reporting doesn’t automatically disqualify you. If you are helpful in the investigation or prosecution now (or were in the past), you may still be eligible. We can advise you on the best way to approach getting law enforcement certification, even if some time has passed since the incident.
You can still apply. The U Visa is one of the few forms of relief that allows people with unlawful entry or past immigration violations to seek status. Many grounds of inadmissibility can be waived for U applicants, so even if you have a prior deportation or immigration issue, you may still qualify. We will work to obtain any needed waivers so that your immigration history does not bar you from eligibility.
Common qualifying crimes include domestic violence, sexual assault, human trafficking, felonious assault, kidnapping, stalking, and others. There are many qualifying crimes specified by law (including attempt or conspiracy to commit those crimes). If you’re unsure whether what happened to you counts as a qualifying crime, contact us and we’ll review your situation in detail.
PRACTICE AREAS
Our mission is to help clients secure immigration relief and live with peace of mind. A better future for you and your family is within reach. At Moumita Rahman Immigration Attorneys, we fight for your freedom.
