U Visa Lawyers In The U.S.
When you’re an immigrant and a victim of a crime, don’t be afraid to speak out. At Consumer Law Group, our U visa immigration lawyers are here to help.
A U visa is for an individual who is a victim of a crime and who sustained physical or mental injuries while helping law enforcement officials with the investigation and prosecution of the criminal. Our immigration lawyers are here to help you get the protection you need with a U visa. We even have a team of deportation and green card lawyers ready to help you with any immigration-related cases. Benefits of working with our attorneys include the following:
- Affordable legal assistance: We strive to provide affordable legal services that are accessible to clients of all walks of life.
- Bilingual services: At Consumer Law Group, our team of U visa immigration lawyers offers bilingual services in both English and Spanish so that you can communicate in the language you’re most comfortable with.
- Experience: With over 300 years of combined immigration law experience, our lawyers are your trusted sources for any immigration needs, such as visas, citizenship and adjustment of status.
- Nationwide service: Our immigration law firm represents clients across the nation.
What is the purpose of a U visa for crime victims?
In 2000, Congress passed the Victims of Trafficking and Violence Protection Act (including the Battered Immigrant Women’s Protection Act) to help strengthen law enforcement’s ability to investigate and prosecute criminal cases of sexual violence, domestic abuse, human trafficking and other crimes. This act was also put in place to help protect victims suffering from mental or physical abuse from crimes who are willing to help law enforcement authorities investigate and prosecute the crimes.
The purpose of a U visa is to give immigrants peace of mind knowing that they’ll be protected from deportation proceedings if they decide to speak up about a crime. The U visa was established not only to help protect victims from their assailants but to improve society as a whole.
U visas also help immigrants with criminal, unlawful presence or deportation offenses against them gain legal residency, even when they aren’t eligible for visas via family members or employment. At Consumer Law Group, our U visa immigration lawyers can help you apply if you are an immigrant victim of a crime.
What is the U visa eligibility criteria?
In order to qualify for a U visa, you must meet the following U visa eligibility criteria:
- You are the victim of a qualifying criminal activity.
- You have suffered substantial physical or mental abuse due to being a victim of criminal activity.
- You have information about the criminal activity. If you are under the age of 16 or are unable to provide information due to a disability, then a parent, guardian or friend may provide the information about the crime on your behalf.
- You were helpful, are helpful or are likely to be helpful to law enforcement in the investigation or prosecution of a crime. If you are under the age of 16 or are unable to provide information due to a disability, then a parent, guardian or friend may assist law enforcement on your behalf.
- The crime occurred in the United States or violated U.S. laws.
- You are admissible to the United States. If you are not admissible, then you may apply for a waiver on a Form I-192, Application for Advance Permission to Enter as a Nonimmigrant.
What types of crimes qualify people for U visas?
The types of crimes that qualify immigrants for a U visa include:
- Abduction
- Abusive sexual contact
- Blackmail
- Domestic violence
- Extortion
- False imprisonment
- Female genital mutilation
- Felonious assault
- Fraud in foreign labor contracting
- Hostage
- Incest
- Involuntary servitude
- Kidnapping
- Manslaughter
- Murder
- Obstruction of justice
- Peonage
- Perjury
- Prostitution
- Rape
- Sexual assault
- Sexual exploitation
- Slave trade
- Stalking
- Torture
- Trafficking
- Witness tampering
- Unlawful criminal restraint
This list also includes attempt, conspiracy or solicitation to commit any of the above and other related crimes.
Can an undocumented immigrant apply for a U visa?
Yes, undocumented immigrants can apply for U visas as long as they meet the eligibility requirements explained above. At Consumer Law Group, our lawyers can help ensure that a victim of a crime meets all the eligibility requirements to secure a U visa, stay safe and prevent deportation.
Do you have to be in status or have entered legally if you want to apply for a U visa?
No, one of the benefits of U visas is that individuals with unlawful presence, criminal and deportation offenses can apply for them as well. So, if you are an immigrant unlawfully in the U.S. who was a victim of a crime, then you may be able to apply for a U visa if you meet all the eligibility requirements. Our team of U visa immigration lawyers can help you determine whether you’ll be able to apply for a U visa.
Is any type of crime eligible for a U visa?
Crimes eligible for a U visa must be serious and must have taken place in the U.S. However, in some scenarios, overseas crimes that break U.S. law can be eligible, such as sex trafficking or kidnapping. Additionally, some crimes don’t have to be committed in order for you to be eligible – attempt, solicitation and conspiracy to commit a crime can be enough evidence. For example, someone who is murdered can’t apply for a U visa. But, with evidence of attempted murder, they can be granted a U visa.
To help determine whether the crime you were a victim of qualifies you for a U visa, schedule a consultation with one of our attorneys at Consumer Law Group so that you can seek the justice you deserve.
Should the victim cooperate with the government to be eligible for a U visa?
Yes, victims should also cooperate with law enforcement if they want to be eligible for a U visa. One of the main criteria for qualifying for a U visa is cooperating with government officials to help investigate and prosecute the crime. In turn, law enforcement must sign off that they were helpful during the criminal case.
If the government does not want to proceed with the criminal case, can the victim still apply for a U visa?
One of the requirements for a U visa is that law enforcement completes a certification form, which means that if they don’t proceed with the criminal case, then you might not be eligible for a U visa. However, if this happens to you, don’t fret. Our U visa immigration lawyers can fight on your behalf to better your odds of obtaining a U visa.
Do the family members of the victim obtain any immigration benefits from the U visa?
Yes, certain family members can obtain derivative U visas if you are granted a U visa. Eligible family members include:
- Unmarried children under the age of 21
- Spouses
- Parents if the petitioner is under the age of 21
- Unmarried siblings under the age of 18 if the petitioner is under the age of 21
To have your family members obtain a U visa, you must file a Form I-918, Supplement A (Petition for Qualifying Family Member of U-1 Recipient) along with your petition.
Must the victim provide records of the injuries suffered?
Being a victim alone isn’t enough to prove to U.S. Citizenship and Immigration Services (USCIS) that you’re deserving of a U visa. To obtain a U visa, you must have suffered from “substantial” physical or mental injury, with medical records and affidavits supporting your claims. USCIS will also evaluate how severe your injuries were and the lasting impacts the abuse may have on your life.
If the abuser is not an American citizen or a permanent resident, can the victim still apply for a U visa?
Yes, in most cases, victims can still apply for U visas even if the abuser isn’t an American citizen or a permanent resident. At Consumer Law Group, our team of immigration lawyers can help you complete your U visa application and assist law enforcement in prosecuting the criminal.
Can I apply for permanent residency once the U visa is granted?
Yes, you can apply for permanent residency if you are granted a green card. However, you can only do so after three years and if you have reasonably provided assistance to law enforcement since you received your U visa.
How long does a U visa last?
U visas last for four years. After three years of maintaining U visa status, an individual can apply for a green card.
Can you travel outside of the U.S. after the U visa is granted?
You can travel outside of the U.S. after you obtain U visa status. However, it can be extremely risky and put your pending application for a permanent visa at risk. Remember, U visas are granted so victims of crimes can assist law enforcement with investigating and prosecuting crimes. If a victim leaves a country during the middle of an investigation, then they might not be able to reenter the United States. U visas give you permission to remain in the U.S. If you do decide to travel, then you will have to obtain a visa to return, which can be an exhausting process. Before you decide to travel, speak with one of our trusted U visa immigration lawyers to ensure that you’ll be able to maintain your U visa status.
Have More Questions About U Visas? Our Team Has Answers.
Contact our experienced immigration attorneys for help now by calling 312-766-7777 or reaching out to us online.