Get Assistance with Your U-Visa from George & Marzialo

A person may wish to enter the United States for personal reasons such as reuniting with family, career opportunities, or escaping violence or persecution. In some cases, the US government may also want a person to be granted entry or allowed to stay. For example, if you have been a victim of a crime and are willing to assist in the prosecution, you may be eligible for a U-Visa. 

The purpose of the U-Visa program is to improve the ability of law enforcement agencies to investigate and prosecute cases concerning sexual assault, domestic violence, trafficking of noncitizens, and other crimes. An additional purpose is to protect victims who have suffered significant mental or physical abuse due to a crime and are willing to assist law enforcement in investigating and prosecuting criminal activity. 

The experienced team of immigration lawyers at George & Marzialo, PLLC can review the circumstances of your situation, determine your eligibility, and guide you through the application process for a U-Visa. 

What is a U-Visa?

U-visas were created as part of the Victims of Trafficking and Violence Protection Act of 2000 and are intended to aid law enforcement. The visas are designated for victims of certain crimes who have suffered mental or physical abuse and can be helpful to investigations or the prosecution of criminal activities, like domestic violence, sexual assault, and abduction. Visa recipients are able to remain in the United States for a period of time.

It is important to note that U-Visas are not immigrant visas, and the holder must return to their home country after the visa expires. However, if you retain a U-Visa for more than three years, you may be able to apply for permanent residency.

The U-Visa Protects Undocumented or Illegal Immigrants Who Are Victims of Certain Crimes

In many instances, the person applying for a U-Visa is an undocumented immigrant. These victims are often hesitant to come forward to the authorities with important information about a criminal proceeding due to the fear of deportation and a desire for self preservation.

The hesitancy to work with law enforcement not only stalls criminal investigations but also makes undocumented or illegal immigrants targets for crime. The U-Visa legislation aims to protect victims, regardless of their immigration status, so people feel safer and more willing to approach law enforcement in support of justice for the crimes they have experienced or witnessed. 

U-Visa Eligibility Requirements 

The U-Visa is available only to a particular population of individuals as clarified by the legislation and translated into practice by the courts. To be eligible for a U-Visa, generally, you must meet the following qualifications:

• You are or were a victim of criminal activities defined by USCIS
• Your experience as the victim of a crime involved the suffering of substantial mental or physical abuse 
• You are able to provide information concerning where you were victimized, although there are exceptions for persons under the age of 16 years, in which a close third party can inform about the crime on their behalf 
• You are able to assist law enforcement in the investigation and/or prosecution of the crime
• The crime and cooperation with the investigation can be proven through a Law Enforcement Certification 
• You are admissible to the United States, although should you be inadmissible, your immigration lawyer may cure your inadmissibility by filing for a waiver 

Law Enforcement Certification requires completing Form I-918B, which confirms you are the victim of a qualifying crime and are willing to cooperate or are cooperating with the investigation of that crime. 

The U-Visa Has Substantial Benefits 

A U-Visa can provide temporary immigration status to you and your qualifying family members. Temporary immigration status with work authorization is also possible, as well as lawful permanent resident status. 

Speak With an Experienced U-Visa Immigration Lawyer Today

If you are a victim of a crime and want to stay in the US to assist with the investigation, consider working with an immigration lawyer at George & Marzialo.

To learn how we can help support you and assist with the advancement of your prospects for success in your U-Visa application, schedule a consultation with George & Marzialo today.