What is the U Visa?

The U Visa is a nonimmigrant visa designed for victims of certain crimes who are cooperating with law enforcement. Created under the Victims of Trafficking and Violence Protection Act, the U Visa ensures that immigrants who assist authorities in combating crime are protected and given the opportunity to rebuild their lives in the United States.

Eligibility Requirements for the U Visa

To qualify for the U Visa, applicants must meet the following criteria:

• Victim of a Qualifying Crime: The applicant must have been a victim of a qualifying crime, such as domestic violence, human trafficking, or sexual assault.
• Substantial Abuse: The crime must have resulted in significant mental or physical harm.
• Cooperation with Law Enforcement: The applicant must be willing to assist law enforcement in investigating or prosecuting the crime.
• Admissibility: The applicant must meet certain immigration requirements or apply for a waiver using Form I-192.

What are Qualifying Crimes?

The U Visa covers a range of crimes, including:

• Domestic violence
• Sexual assault
• Human trafficking
• Kidnapping
• Felonious assault
• Witness tampering
• Obstruction of justice
• Perjury

Benefits of the U Visa

• Temporary Legal Status: U Visa holders can live and work in the United States for up to four years.
• Path to Permanent Residency: U Visa recipients may apply for a Green Card after three years of continuous presence in the U.S.
• Family Inclusion: Eligible family members, such as spouses and children, can be included in the application.

Step-by-Step Guide to the U Visa Process

1. Obtain Law Enforcement Certification: Applicants must secure a certification (Form I-918, Supplement B) from a law enforcement agency confirming their cooperation in the investigation or prosecution of a qualifying crime.
2. File Form I-918: Submit Form I-918, Petition for U Nonimmigrant Status, with U.S. Citizenship and Immigration Services (USCIS). Include supporting documents:
   • A personal statement describing the crime and its impact.
   • Evidence of substantial harm, such as medical records or psychological evaluations.
   • Law enforcement certification (Form I-918, Supplement B).
   • Proof of eligibility for a waiver, if necessary, by filing Form I-192.
3. Submit Biometrics: USCIS will schedule a biometrics appointment to collect the applicant’s fingerprints and background information.
4. Wait for USCIS Decision: U Visa applications face lengthy processing times due to high demand and annual caps. Applicants may receive deferred action or waitlist status until a visa becomes available.
5. Receive U Visa Approval: Once approved, the applicant is granted U nonimmigrant status, allowing them to live and work in the U.S. for up to four years.
6. Apply for a Green Card: After three years of continuous presence in the U.S. under U Visa status, applicants may apply for a Green Card by filing Form I-485.

Common Challenges in the U Visa Process

1. Securing Law Enforcement Certification: Obtaining the required certification can be challenging if the agency is unwilling to cooperate.
2. Proving Substantial Harm: Applicants must provide comprehensive evidence of the physical or mental abuse they suffered, which can be emotionally taxing.
3. Navigating Long Processing Times: The U Visa has an annual cap of 10,000 principal visas, often resulting in significant wait times for approval.

How Larhdel Law Can Help You Succeed

• Law Enforcement Advocacy: Assisting you in obtaining the necessary certification from law enforcement agencies.
• Evidence Preparation: Helping you compile strong documentation to demonstrate substantial harm and cooperation.
• Legal Guidance: Addressing challenges such as inadmissibility by filing necessary waivers.
• Family Support: Including eligible family members in your application to ensure they receive protection as well.

Contact us at 310 943 6352 for personalized assistance with your U Visa application.

Real-Life Success Stories

• Case 1: Supporting a Domestic Violence Survivor: A client who suffered years of domestic violence faced challenges in securing law enforcement certification. We advocated on their behalf, gathered strong evidence, and successfully obtained U Visa approval, granting them safety and legal status.
• Case 2: Assisting a Victim of Human Trafficking: A trafficking survivor struggled to prove the abuse they endured. We worked closely with social workers and medical professionals to compile compelling evidence, leading to approval and a pathway to permanent residency.
• Case 3: Helping a Family Reunite: A U Visa holder wanted to include their spouse and children in their application. We ensured all family members met eligibility requirements and guided them through the process, resulting in family reunification in the U.S.

Common Mistakes to Avoid in the U Visa Process

• Incomplete or Incorrect Documentation: Ensure all required forms and evidence are accurate and complete to avoid delays.
• Failing to Obtain Law Enforcement Certification: Work closely with an experienced attorney to secure this critical component of your application.
• Overlooking Waiver Requirements: If you face inadmissibility issues, file Form I-192 promptly to address these concerns.

Why Choose Larhdel Law for Your U Visa Application?

• Compassionate Representation: We understand the emotional toll of this process and provide sensitive, personalized guidance.
• Comprehensive Legal Support: From initial applications to Green Card petitions, we handle every aspect of your case.
• Proven Success: A history of helping clients secure U Visa approval and rebuild their lives in the United States.