The U Visa is one of the most generous forms of immigration relief available today. Though it is a classified as a nonimmigrant visa, it is intended for use as the basis on which to apply for lawful permanent resident status after three years in U Visa status.
Relevent Crime
If granted a U Visa, the applicant and eligible derivatives receive temporary nonimmigrant status for 3 years, employment authorization, the right to apply for permanent residence after 3 years, CalWorks and Medi-Cal eligibility, the termination of a deportation process.
In order to be granted a U Visa the applicant must be the victim of one of the designated crimes in the US or its territories: rape, torture, trafficking, incest, domestic violence, sexual assault, abusive sexual contact, prostitution, sexual exploitation, female genital mutilation, being held hostage, peonage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, blackmail, extortion, manslaughter, murder, felonious assault, witness tampering, obstruction of justice, and perjury.
The applicant must have information about the crime and must demonstrate that they have been, are, or are likely to be helpful in the investigation or prosecution of the crime. If the applicant was under 16 on the day the crime was committed, he or she is not required to have this information themselves. The parent, guardian, or next friend may possess this information if the applicant does not. A specifically designated law enforcement officer must certify this, and the applicant cannot unreasonably refuse to help. The applicant must have suffered substantial abuse as a result of the crime.
The applicant must submit a written statement regarding the crime, the helpfulness to law enforcement and the substantial abuse that he or she has suffered. The principal applicant needs to have a passport from their home country. Other necessary documents might include medical records, eligibility documents for victim services, mental health evaluations, letters from witnesses, and police reports.
Our office has been successful U visa case. Feel free to call us on 510 7425887 for more information.
The information contained in this article is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this article, clients or otherwise, should act or refrain from acting on the basis of any content included in the article without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient’s state. Erich Keefe is an associate for the Shah Peerally Law Group PC located in Newark CA.. The office areas of practice are Immigration Law, Loan Modification neogotiations, and litigation. www.peerallylaw.com Ph: 510 742 5887
For many people it may be the only possible means of obtaining lawful permanent resident status, since there is a U Visa waiver for those who entered the country without authorization. In fact, the U Visa includes a waiver for almost all bases of inadmissibility. Furthermore, the benefits of the U visa extend to the spouse and unmarried children under age 21 or parent and siblings under 18 (if the principal applicant is under 21 and unmarried) of the principal applicant. These derivative beneficiaries may receive this benefit even if they live outside of the U.S. Those who apply but are denied will almost certainly not be referred to ICE, unless they are deemed to be a security threat. There is no application fee for the U Visa, but there is an $80 biometrics fee, and there is a fee of $545 for the waiver of inadmissibility. Both of these fees can be waived for qualifying low income applicants.
Some of the significant inadmissibility grounds that may be waived in the U Visa application process include being present without permission, visa fraud, false claim to US citizenship, alien smuggling, being previously removed, entry after unlawful presence, crimes, and being a public charge. The derivative family members may also be granted this waiver, but will be subject to a higher standard, since they were not victimized by the