U Visa Holders - Learn about the Pathway to U.S. Citizenship as a victim of a crime
Denice Flores • March 30, 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.
An individual with U Nonimmigrant status (U-1, U-2, U-3, U-4, U-5), is granted a work permit for 4 years under the U visa category (A19) or (A20), this is the “U visa”. The individual must hold his/her U Nonimmigrant status for at least 3 years, from the date it was approved, to be eligible to apply for a green card and become a lawful permanent resident (“LPR”) of the United States. This process is also referred to as “adjustment of status.”
Keep in mind, when applying to become an LPR and U.S. citizen (“USC”) the applicant must continue being a person of good moral character. This means that the applicant should avoid getting into any kind of trouble with the law, to be considered a person of good moral character and a good candidate to become an LPR and USC.
After having a U visa for 3 years, the U visa recipient should apply to become an LPR with U.S. Citizenship and Immigration Services (“USCIS”). One important thing to note, if a U visa recipient applies to become an LPR during the time he/she still has the unexpired and valid U visa, his/her U Nonimmigrant status gets automatically extended until USCIS issues a decision on the adjustment of status application. This means that even if the U visa work permit expires, the applicant is still in U Nonimmigrant status until USCIS issues a decision for the adjustment of status application. The applicant can show he/she is still in status by providing his/her U visa work permit and Receipt Notice of Form I-485, Application to Adjust Status. (Form I-485, is the green card application to become an LPR.)
Some of the evidence that must be included with the application to adjust status to an LPR, is documentary evidence showing that the applicant has resided in the U.S. during the time he/she has had the U visa (at least 3 years). Some examples of evidence to show this includes the applicant’s employment paystubs, lease/rental agreements, utility bills, bank statements, income tax returns, and photographs.
As a U visa recipient and adjustment of status applicant, a difference in this process is that the applicant is usually not required to attend an interview at USCIS. This means that the applicant will get his/her decision by mail, as well as his/her green card in the mail, if approved.
After the applicant adjusts status to an LPR, the applicant must maintain lawful permanent residence for 5 years in the U.S., to be eligible to apply to become a U.S. citizen. When applying for U.S. citizenship, the applicant will be interviewed and will be required to satisfy all other eligibility requirements (Civics test, English test, Writing test) like most other applicants applying for U.S. citizenship.
Note, a U visa holder applying to become an LPR and later a USC, does not require a sponsor or petitioner. Rather the applicant is a self-petitioner which means he/she is applying on his/her own to obtain lawful status in the U.S.
If you have any questions about applying for your green card and later citizenship, as a U visa recipient, please schedule a consultation with one of our experienced attorneys.
We look forward to working with you.
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.
Denice Flores
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