Jorge Baron, executive director of the Northwest Immigrants Rights Project says in an interview with Seattle weekly, about the U Visa –
“The whole reason this was set up is because people recognized that there was crime taking place against immigrants, but there was no protection for the victims from getting deported..”He defends criticism of the program by saying that the process of getting a U-Visa is so long and complicated that “there’s more of a problem with people who deserve the U-Visa not getting one, than people getting one who don’t deserve it.”
At Shah Peerally law group PC we understand and help our clients who are interested in obtaining U Visa. Asa law firm Shah Peerally law group PC , not only advises the clients on the eligibility of the crimes that are listed under the law, but also provide help in filing the petition itself.
Initiated in the year 2000, the U visa is a type of Visa given by the US government to the victims of certain crimes who cooperate in the investigation or prosecution of those charged with criminal activity. This type of Visa gives a temporary legal status and work eligibility for up to 3 years. The U Visa is typically a nonimmigrant visa issued to about 10,000 people each fiscal year. The approval of a U Visa petition automatically grants the applicant work eligibility in the United States, for a particular period.
How can you benefit from a U Visa–
- » The biggest benefits of U Visa are that, a person who has been granted a U visa status can live and work lawfully in the U.S.
- » Initially, a person is given work eligibility for 3 years, after which there is always the provision of adjusting your status after a few years to that of a lawful permanent resident (once you become a green card holder).
- » With a U visa, you can also sponsor your family members including children, spouses, brothers under 18, fathers, mothers (if the U-Visa applicant is under age 16) and unmarried sisters.
- » USCIS will send you an Employment Authorization Document as evidence. You can use this document to submit to your employers as it automatically makes you eligible to work in the US.
It should be noted that in order to apply for a U Visa, your abuser does not need to be a US citizen or even a lawful permanent resident. Neither do you actually have to be married to the abuser to be eligible. Applying for a U Visa does not even need the applicant to be physically present in the US to qualify. A person staying abroad can apply as long as the criminal activity concerned has violated US law or has occurred within the US.
Who is qualified for a U Visa?
- » If a person has substantial information regarding the criminal activity
- » If someone has suffered substantial physical or mental abuse from criminal activity
- » If the criminal activity that you have been victim to, has in any way violated the US law or occurred in the United States.
- If you are willing to help government officials in the prosecution or investigation or of any such criminal activity.
Crimes that are covered under U Visa are- Rape (as redefined by the US Government), domestic violence, torture, sexual exploitation, trafficking, kidnapping, incest, unlawful criminal restraint, false imprisonment and much more. There is of course a particular list that specifies the crime that one must have faced to be eligible for U Visa. It must be noted that though immigration is supposed to also consider “similar criminal activity” to those crimes listed in the law that is usually not the case. This is where you will require an attorney through guide you through the process.
In such cases, an attorney can not only brief you on the list of ‘criminal activity’ listed but also whether you can apply in the circumstance of your sufferings being similar to those listed by law.
While people often seek out help from Non –Profit organizations, there resources are limited, as compared to that of a Law firm like ours. As a law firm the Shah Peerally law group PC also helps out the client with arranging and advising on such as a prosecutor or a Federal or State judge in charge of the investigation in which the petitioner is the victim, without who’s certification, the U Visa petition cannot be submitted.
If you want to start off working immediately on your U Visa petitions and other alternatives with our experienced immigration lawyers from the Shah Peerally law group PC, feel do contact us at [email protected] or call us at 510-742-5887