What can U do for me? The U Visa.

Let's face it:  immigrating to the United States isn't easy.  That's why I have a job.  Sometimes I have clients come to me who believe they don't have any options: they're out of status, or worse, they've entered the country without the proper inspection and paperwork.  It's amazing what an attorney can learn from a client just by asking the right questions.

Case in point:  I had a young woman come to me distraught about a fight she had with her boyfriend.  "He says he's going to report me to immigration.  Can he do that?"  I had to answer, "yes, he can."  And then I asked more about the fight.  "Did he hit you?"  Yes he did.  "Did you report it to the police?"  Yes she had.  And sure enough, I was looking at a potential applicant for a U visa.  She came into the office fearing deportation, and left with the hope that someday she might obtain a green card. 

What is the U Visa?

The U visa is a non-immigrant visa made for victims of qualifying crimes (see below) who have cooperated with law enforcement by reporting, identifying testifying or otherwise helping with the investigation or prosecution of the perpetrator.  Most cases U visa cases I've applied for have been the result of domestic violence, but there are many violent crimes that could make one eligible for a U visa:

   * 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
   * perjury
   * or attempt, conspiracy, or solicitation to commit any of the above mentioned crimes.

Applying for the U visa requires the filing of form I-918 as well as a certification from the police (known as I-918 supplement B), stating that you were the victim of a violent crime and aided the police in the arrest or conviction of the criminal.

The application also requires a personal statement or declaration.  An attorney can help you tell your story by asking the right questions and sorting the relevant facts from the irrelevant.  You want your final declaration to be a truthful depiction of the harm suffered. 

Many times a U-visa requires a waiver for a number of possible inadmissibility factors.  Depending on the issues, this waiver can be simple or very involved.  Speak to your attorney about the options.

With an approved U visa, you will be eligible for employment authorization and and after 3 years, you may be able to obtain a green card.