A U Visa is a nonimmigrant visa available to victims or indirect victims of certain qualifying crimes who have assisted or are likely to assist law enforcement in the investigation or prosecution of those crimes. It offers protection from removal and a path to lawful permanent residency (green card) after three years. It is important to note that U visa petitions are subject to the statutory cap of 10,000 visas per year. While your case is pending and awaiting a visa to become available, USCIS in their discretion, may issue bona fide determinations and deferred action–offering eligible victims protection and the opportunity to apply for an Employment Authorization Document (EAD).
If you need to apply for a U Visa in Phoenix, AZ, please get in touch with immigration attorney Vianey K. Hurtado. When you work with our law firm, you can confidently go through the application process with Vianey by your side. Vianey focuses primarily on Immigration law and has a personal understanding of the immigration experience as a proud daughter of immigrants. Vianey has made it her life's work to help reunite families and advocate for her clients. Please contact us today to schedule a comprehensive case evaluation. Our law firm speaks Spanish and serves the areas of Phoenix and Yuma.
.png)
.png)
.png)
Eligibility for a U Visa is specific and requires meeting several criteria.
Victims:
Those whom the crime was perpetrated on and who suffered direct and proximate harm as a result of the commission of the qualifying criminal activity.
Indirect Victims:
Those that are parents of a principal victim, if the child is under the age of 21 years of age when the crime was committed and cannot provide assistance to law enforcement due to incompetence or incapacity. The immigrant status of the child is not relevant to this determination.
Bystander Victims:
Those that USCIS deems to be direct victims, if they suffered unusually severe harm as a result of having witnessed the qualifying crime. Bystander cases can be difficult to win without strong evidence of the unusual severe harm.
Let's break it down further:
Designated Categories: The crime must fall under a specific list outlined by the U.S. government. These include:
Severity of Harm:
You must have suffered substantial physical or mental abuse as a result of the qualifying crime. This can include physical injuries, emotional distress, post-traumatic stress disorder (PTSD), and other psychological trauma.
Cooperation and Willingness:
You must have provided or be willing to provide valuable information and assistance to law enforcement regarding the crime. This can involve:
Reporting the crime to the authorities
Certification from Law Enforcement:
A crucial element is obtaining a "certification" from a law enforcement agency confirming the qualifying crime and your assistance or potential assistance. This certification verifies your eligibility and is needed to be able to file the application.
Additional Eligibility Requirements:
Understanding Exclusions:
It's important to note that some situations may render you ineligible for a U visa. These include:
Navigating the Process:
The U Visa application process can be complex and challenging. Seeking professional guidance from an experienced immigration attorney is highly recommended. They can help you:
U Visas offer benefits to victims and derivatives of certain qualifying crimes who assist law enforcement. Some of those benefits include:
Bona fide Determination Process and Employment Authorization Document (EAD):
Having all of the necessary documents required in the initial filing will be beneficial for USCIS’ initial review of the application. Upon their initial review, USCIS may issue a “bona fide determination,” which generally grants the eligible victim deferred action and employment authorization document (EAD) while they await final adjudication of their petition for U visa with USCIS.
Protection from Deportation:
Once deferred action is granted, an applicant will have protection from deportation, while they await the final adjudication of their petition with USCIS. This is the most immediate and crucial benefit, allowing you to stay in the United States without fear of removal. This protection continues if your petition is approved.
Derivative Benefits for Family Members:
In some cases, qualifying family members may also be eligible for U Visas or other forms of immigration relief.
To apply for a U Visa, you must file Form I-918, Petition for U Nonimmigrant Status and Form I-918 Supplement B, U Nonimmigrant Status Certification with U.S. Citizenship and Immigration Services (USCIS). If you are inadmissible to the United States, you will also need to apply for an I-192 Application for Advance Permission to Enter as a Nonimmigrant. You will also need to submit supporting documentation, such as police reports, medical records, and statements from witnesses.
We recommend that you consult with an attorney before completing any application on your own. Attorney Vianey K. Hurtado offers support for those navigating the challenges of immigration, particularly in filing the correct documentation to obtain a U Visa. Her personal connection to immigration adds depth to her professional expertise, making her an ideal choice for those seeking guidance and representation in their immigration journey. Contact us today for a detailed case evaluation. Our firm serves the areas of Phoenix and Yuma.
