Are you the victim of a crime? Do you qualify for a U Visa?

April Perez • Mar 04, 2022

Click here to read this article in Portuguese or Spanish

The U nonimmigrant Status (U Visa) is for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity.

Broken down into parts you might be eligible if you meet all of the following criteria:

Be the victim of a qualifying crime
Have suffered substantial physical or mental abuse as a result of the criminal activity
You must have information about the criminal activity
You were helpful, are helpful or are likely to be helpful to law enforcement in the investigation or prosecution of the crime
The crime must have occurred in the United States or violated U.S. laws
You are admissible to the U.S. If you are not admissible you can apply for a waiver

In order to begin the process of trying to apply for a U visa you need to be able to obtain Form I-918 Supplement B U Nonimmigrant Status Certification. This form is a certification signed by an authorized official of the certifying law enforcement agency that confirms that you were helpful, are currently being helpful, or will likely be helpful in the investigation or prosecution of the case. This document is extremely important and without it there is no basis for filing the case. The U Visa Category was created to help law enforcement investigate and prosecute certain criminal cases and protect those who have suffered as victims of these crimes, which is why you must be able to obtain this document. If you are able to obtain the certification then you must work closely with your attorney to prepare the additional forms and documents to file your petition.

One of the documents that should also be included in your application is a personal statement from you describing the criminal activity and how it has affected you. This can be especially difficult for victims of crimes, having to relive in some cases a very traumatic experience. But it is important that you give the officer who reads your case as many specific details as possible to give them a full understanding of the physical and mental effects of what was done to you. The statement is an opportunity for you to tell your story on a personal level, not just what is written in a police report.

Other evidence such as medical reports, psychological reports and sometimes photographs can also be helpful evidence for your case. In the end this is all to prove that you are eligible and deserving of a U visa that can possibly later lead to a green card.

If you have been a victim of a crime, you can contact our office to see if there is a possibility of applying for a U-Visa.

This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.

April Perez

If you are a U-1 Nonimmigrant visa recipient, do you know that you may still petition for and help certain family members obtain lawful status through your U visa approval?

By Denice Flores • 14 Jul, 2023

USCIS has a specific application that allows principal U-visa holders (U-1) to petition for family members, even after their U visa was approved. If this petition is approved, the family member can obtain lawful permanent resident (LPR) status in the United States.

U Visa Holders - Learn about the Pathway to U.S. Citizenship as a victim of a crime

By Denice Flores • 30 Mar, 2023

If your U visa was approved you may be eligible to apply to become a lawful permanent resident of the United States and become a U.S. citizen! Here is what you need to know

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Know Your Rights If You Are Participating in Protests

By Denice Flores • 02 May, 2024

The U.S. Constitution protects all immigrants, including undocumented immigrants while participating in protests in the U.S. Here is a list of some of the rights covered in the U.S. constitution to consider when you are participating in protests: Right to free speech. The First Amendment prohibits the government from restricting your right to free speech. People have the right to participate in protests, marches, and demonstrations. Right to be free from retaliation. The First Amendment prohibits the government from retaliating against you for exercising your rights such as your right to free speech. Right to remain silent. The Fifth Amendment protects you from self-incrimination and provides the right to remain silent. Right against unreasonable search and seizure. The Fourth Amendment protects you against unreasonable searches and seizures. Right to speak to a lawyer. If you are arrested or detained, you have the right to speak to a lawyer. Keep in mind, if you are undocumented and you are participating in protests, you are at higher risk of being detained by immigration officials if they are present at the protest. If you are undocumented make sure you have a plan in place if you are arrested or detained by law enforcement or immigration officials. It is important to take precautions and if you are arrested or detained you should contact an attorney immediately. If you have questions, please schedule a consultation with one of our experienced attorneys and we will be more than happy to assist you.

New USCIS Policy regarding Expedite Requests

By Kris Quadros-Ragar • 18 Apr, 2024

The latest policy alert, PA-2024-05, issued by the U.S. Citizenship and Immigration Services (USCIS) on March 21, 2024, brings revisions to the USCIS Policy Manual, specifically focusing on expediting requests. These updates aim to simplify and elucidate the process for applicants, particularly those facing emergencies or urgent humanitarian needs. The primary goal is to make it easier for applicants to understand how to request expedited processing for their various submissions, including applications, petitions, appeals, or motions, especially in cases concerning government interests or urgent situations. While USCIS has historically permitted immigration benefit seekers to request expedited application processing in specific circumstances, the process has frequently been perceived as unclear, with decisions made arbitrarily on a case-by-case basis. The recent update seeks to rectify this by providing clarity and uniformity to the process and establishing explicit criteria and documentation standards. In order to request expedited processing, applicants need to adhere to a more defined procedure. This involves submitting thorough documentation and illustrating the urgency or government relevance of their case. The recent update also explains how USCIS reviews these requests, offering applicants a better grasp of the process. The update introduces special measures for speeding up the processing of Form I-131 (Application for Travel Document) in emergency situations. This acknowledges the urgent need for certain applicants to travel. The policy also acknowledges that expedited requests may be evaluated if there is evident USCIS error, aiming to uphold fairness and accountability within the processing system. These changes aim to make the expedited request process more transparent and understandable for applicants and their representatives. In summary, USCIS's revision regarding expedited requests signifies a notable advancement in rendering the immigration process more transparent and attentive to applicants' requirements. By comprehending these updated guidelines, applicants and their representatives can more effectively navigate the expedited request procedure, ensuring that urgent cases receive due consideration. If you believe you qualify for expedited processing under the recent USCIS policy updates, feel free to contact our office, and we will be more than happy to assist you. FONT : https://www.uscis.gov/policy-manual/volume-1-part-a-chapter-5

New USCIS Asylum Program Fee for I-129 and I-140 Petitions

By Kyle Huffman • 11 Apr, 2024

As of April 1, 2024, USCIS has instituted an inflation adjustment to immigration application filing fees . These fee increases apply to a majority of the different application types, including family-based, non-immigrant, and immigrant petitions. As a part of these fee increases, USCIS has also instituted a new program designed to provide funding to the United States’ Asylum Program, in order to better address the massive backlog of pending asylum claims currently waiting to be adjudicated. Unfortunately, these changes have led to confusion among petitioners for when they are required to pay the Asylum Program Fee, and when they may qualify for a 50% or complete exemption from the fee. The Asylum Program Fee is required to be submitted by employers in all I-129 and I-140 petitions filed on or after April 1, 2024. The Asylum Program Fee is $600, however, certain exemptions apply . Small employers , defined as having 25 or fewer total employees, qualify for a reduction of the Asylum Program Fee, but are still required to submit a reduced fee of $300. Individual petitioners, or self-petitions, such as in the case of an EB-2 National Interest Waiver, are considered small employers for the purpose of the Asylum Program Fee and are also required to submit the reduced $300 fee. Non-profit organizations are exempted from the Asylum Program fee and are not required to submit any additional funds with the ordinary I-129 or I-140 filing fee. In addition, non-profits qualify for a 50% reduction of the ordinary filing fee in certain types of applications, bringing the overall filing fee burden down substantially for non-profit organizations. With these changes to USCIS’ filing fee schedule, USCIS is hoping for significant improvements to efficiency and processing for pending asylum applicants. If you or your petitioning organization need any assistance in preparing an application for an immigration benefit, including ensuring proper compliance with the new fee requirements, our office is ready and waiting to help!