U Visa status can protect immigrants who have been victims of certain crimes from removal or deportation. Today, many immigrants are facing an uncertain future with the increase in deportations and ICE agents. However, many immigrants can receive a special protection status if they cooperate with the police investigation of certain crimes. Even people who have already been detained can seek protection and a cancellation of removal if their U Visa is approved.

According to CNN, ICE has deported more than 200 000 people in the first 7 months of President Trump’s second term. 

Every year, thousands of immigrants find themselves in removal proceedings, unsure of what options are available to help them stay in the country. Some of these deportations can be stopped through U Visa applications.

At Moumita Rahman—Immigration Attorneys, we can help you understand your rights, your options, and whether you have the option to apply for a U Visa to stop your deportation proceedings. You might have a legal option to stay safely in the U.S.A. Call your immigration attorney to explore all available options for you and your family.

What Is Cancellation of Removal?

Cancellation of removal is a type of immigration relief that can allow someone in deportation proceedings to stay in the United States legally. It gives an immigration judge the power to stop a deportation and, in some cases, grant the person lawful permission, a visa, or permanent residence.

This type of relief replaced the old “suspension of deportation” after immigration law changes in 1996. It is a discretionary benefit, which means the judge decides whether to approve it based on the strength of your case.

There are two main types of cancellation of removal:

• For lawful permanent residents (LPRs): People who already have a Green Card but are facing removal because of certain legal issues.
• For non-permanent residents (Non-LPRs): Immigrants who do not yet have lawful status but apply for asylum, VAWA, U Visas, or those who can prove 10-year residence in the US, good conduct, and that their removal will be extreme hardship to a citizen.

If you are in removal proceedings and have been a victim of certain crimes, you might be eligible for a U Visa, and by doing so, you can receive legal status.

What Is a U Visa?

A U Visa is a special type of immigration status created to protect immigrants who have been victims of certain crimes in the United States. It is a visa that allows victims of crime to stay in the country legally if they have helped, are helping, or are willing to help law enforcement in the investigation or prosecution of those crimes.

The U Visa gives victims a chance to rebuild their lives in safety. It was designed to encourage immigrants to report crimes without fear of deportation, even if they are undocumented.

To be eligible for a U Visa, applicants must:

• Be a victim of a qualifying criminal activity.
• Have sustained mental or physical abuse as a result of the crime.
• Possess information concerning the criminal activity.
• Be helpful, have been helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the criminal activity.
• Be admissible to the United States or qualify for a waiver of inadmissibility.

What Crimes Qualify for U Visa?

Not every crime makes someone eligible for a U Visa. Understanding what crimes qualify for U Visa is important if you want to know whether you have a path to legal status.

Some of the crimes that qualify include:

• Domestic violence. Physical or emotional abuse by a partner or family member
• Sexual assault. Including rape, sexual abuse, or sexual exploitation
• Kidnapping
• Human trafficking. Being forced into labor or sexual exploitation
• Extortion, blackmail, or threats
• Felony assault or battery
• Witness tampering or obstruction of justice

You can find the full list of eligible crimes on the USCIS webpage. 

If you have been a victim of one of these crimes, a U Visa may provide you with temporary legal status, work authorization, and a path toward permanent residence in the United States.

What Are the Benefits of a U Visa?

A U Visa offers several significant benefits to individuals who have been victims of certain crimes and have cooperated with law enforcement. These benefits are designed to provide legal protection, stability, and a pathway to permanent residency in the United States.

Legal Presence and Work Authorization

Upon approval of a U Visa, individuals are granted legal status to reside in the U.S. for up to four years. During this period, they are also eligible to receive a work permit, allowing them to legally work and support themselves and their families. This status provides a sense of security and the opportunity to rebuild one’s life without the constant fear of deportation.

Protection from Deportation

One of the most crucial advantages of the U Visa is protection from removal (deportation). Even if you are currently in removal proceedings, obtaining a U Visa can halt deportation efforts. This protection extends to certain family members as well. You and your loved ones can remain together in the U.S.

Pathway to a Green Card

After maintaining U Visa status for three consecutive years, individuals may be eligible to apply for a Green Card or permanent residency. This pathway allows victims of crime to transition from temporary status to permanent legal status, leading to greater stability and opportunities in the U.S.

Derivative Visas for Family Members

U Visa holders can include certain family members in their applications. If you are under 21, you may include your spouse, children, parents, and unmarried siblings under 18. If you are 21 or older, you can include your spouse and unmarried children under 21. This provision helps keep families united and provides the same protections to qualifying relatives.

Access to Benefits and Services

With a U Visa, individuals may become eligible for various public benefits and services, depending on state laws. These can include access to healthcare, housing assistance, and other support services that can aid in recovery and integration into society.

Social Security Number and Driver’s License

U Visa holders are typically eligible to obtain a Social Security number, which is essential for employment, opening bank accounts, and building credit. In many states, this also allows individuals to apply for a driver’s license, further facilitating their ability to live and work independently.

Can a U Visa Help You Qualify for Cancellation of Removal?

In some cases, applying for a U Visa can help stop a deportation, but it is not a guarantee. A U Visa process might take years to be approved. However, if a judge finds your case credible, they can request a cancellation of removal while your case is pending.

Once your U Visa is approved, you will no longer face deportation proceedings. You will be able to reside legally in the U.S.A. and, after at least three years, you will be able to apply for a Green Card.

U Visa Waiting Times

Applying for a U Visa can be a long process. Current data from USCIS shows that U Visa applications can take several years to process, often around 5 years or more from the time your petition is submitted to when you receive a final decision. This long wait is partly due to the annual limit of 10,000 visas and the careful review USCIS conducts to verify eligibility.

What Year Of U Visa Is Being Processed?

According to information from the National Immigration Justice Center, the U Visa applications from 2020 are being approved this year.

What Is Bona Fide?

In immigration law, the term “bona fide” means “genuine” or “real.” For U Visa applicants, it specifically refers to the legitimacy of the relationship or the circumstances described in the petition, and that the petitioner is not a criminal.

USCIS uses the bona fide requirement to ensure that applicants are truthful and meet the legal criteria for protection.

For example, if a U Visa applicant is cooperating with law enforcement, USCIS must verify that these relationships are bona fide.

If you receive a “bona fide” notice, you will be protected from deportation. Consult your immigration attorney to understand how you can receive this protection.

What Happens While You Wait?

Even though the process is lengthy, there are important protections and benefits you can receive if you obtain the “bona fide” notice while your U Visa application is pending.

• Work Authorization: Once your petition is accepted, you may be eligible for a temporary work permit (Employment Authorization Document). This allows you to work legally and support yourself while your case is being processed.
• Protection from Deportation: Having a pending U Visa can provide temporary protection from removal, meaning you may not be deported while your application is under review.
• Access to Certain Services: Depending on your state, you may be eligible for certain public benefits or services to help you and your family during the waiting period.

What You Should Do While Waiting

Even though you are protected, you must act and behave in a law-abiding way that proves you have “good character”. 

• Maintain Legal Status: Avoid any actions that could jeopardize your immigration status while your U Visa is pending, from drinking and driving to public altercation and crimes. Avoid any activity that will put you in an antagonistic relationship with the police.
• Stay in Contact with Your Attorney: Work closely with an immigration lawyer to ensure all forms and documentation are complete and up to date.
• Monitor Your Case Status: Check the USCIS website regularly for updates on your petition and any requests for additional evidence.
• Stay in the U.S.A.: If you plan to apply for a Green Card, you need at least three years of continuous residency in the US to apply. Consult with your immigration attorneys before leaving the country.

Explore Your Pathways For Legal Residency And Protected Status

U Visa status can provide a vital lifeline for immigrants who have been victims of certain crimes, offering legal protection, work authorization, and a pathway to permanent residency.

The process can be long, sometimes taking several years, but obtaining a bona fide determination and maintaining legal status during this period can protect you and your family.

If you are facing removal proceedings or want to explore the possibility of obtaining legal status through a U Visa, call Moumita Rahman—Immigration Attorneys to receive a consultation and guidance for your case. We are an immigrant-owned law firm that understands your needs.

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