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Immigration
Criminal
Personal Injury
  • Español
  • FAQs
  • Newsletter
  • Media
  • Contact Us
  • Immigration
    • U.S. Residency – Green Card
      • Family Residency / Green Card
      • Marriage Residency / Green Card for Spouse
      • Same Sex Marriage Residency / Green Card for Same Sex Spouse
      • Employment Residency / Green Card
      • TPS to Green Card
      • Cancellation of Removal/Deportation (10 Year Law)
      • DACA (Deferred Action Program for Young Immigrants)
      • Immigration Pardons – I-601 and I-601A Waivers
      • Expansion of I-601A Waiver, as of 8-29-2016
      • Asylum Immigration
    • U.S. Visas- Non-Immigrant Visas
      • H-1B Visa Specialty Occupation Work Visa
      • E-1 and E-2 Visas for Traders & Investors
      • L-1 Visa for Intra-Company Transfers
      • K-1 Visa for Alien Fiancé (e)
      • The U Visa – for Victims of Crime & Domestic Violence
      • O Visas for Foreigners of Outstanding Abilities
      • TPS (Temporary Protected Status)
      • Lawsuits Against the U.S. Immigration Service (USCIS)
    • U.S. Citizenship – Naturalization
      • Other Immigration Services
      • U.S. Immigration FAQs
      • Client Success Stories
      • Immigration Legal Fees
      • Immigration Client Testimonials
      • Immigration Infographics
      • Immigration Videos
      • Immigration Application Schedule
      • Immigration Newsletters and USCIS Updates
      • Visa Extensions and Extensions of Stay
      • Unemployment Benefits for Immigrants
      • Trump’s Proclamation Suspending Entry of Certain Immigrants
      • Schedule Initial Consultation
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    • Experience with Criminal Charges
    • Set Bail and Arraignment
    • What To Do/Say When Arrested
    • Individual Rights
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martine - client testimonial
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Martine: "My experience with FitzGerald & Company has been tremendously rewarding… they’ve helped me get my green card. He (Desmond) was always very realistic... He would never paint a picture more beautiful… would never say you get something within a month and then take a year..."
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william - client testimonial
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William: "What I liked most about FitzGerald & Company is that they excel at professionalism.. the way they do their work, the communication with the clients.. When you call the office from the receptionist to the lawyer everything is well arranged..
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alistair - client testimonial
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Alistair: "Came in originally with an H-1 b working visa.. and at one stage I had to apply for an E-1 investor visa which allowed me to start my own company. What I liked most about working with FitzGerald & Company was that the team that I worked with really got to understand my situation.."
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Ahmed: "I have known Mr. FitzGerald for 9 years.. and he has always been there for me. The staff has been great as well, communicating with me through mail and phone. Billing has never been a problem with Mr. FitzGerald.. and of course He has succeeded and got the job done every time he worked with me.." More
isaac - client testimonial
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Issac: "They were there to support me on my case from day one.. always available if you call them.. always there if you have any concerns. Willing to walk with you throught the case.. I have recommended my friends to FitzGerald & Company, because I feel they will be treated the way I was treated and I was very happy.."
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Home / FAQ / U Visa- Visa for victims of crime

    U Visas for Victims of Crime FAQs

    • Do I have to be in status or have entered legally if I want to apply for a U Visa?
    • Is any type of crime eligible for a U Visa?
    • Should the victim cooperate with the Government to be eligible for a U Visa ?
    • If the Government does not want to proceed with the criminal case, can the victim still apply for a U Visa?
    • Do the family members of the victim obtain any immigration benefit from the U Visa?
    • Must the victim provide records of the injuries suffered?
    • If the abuser is not an American citizen or a Permanent Resident, can the victim still apply for a U Visa?
    • Can you apply for Permanent Residency once the U Visa is granted?
    • How long does a U Visa last?
    • Can I travel outside of the US after the U Visa is granted?

    1. Do I have to be in status or have entered legally if I want to apply for a U Visa?

    No, the U Visa is available regardless of your legal status or how you entered the Unites States.
    Top

    2. Is any type of crime eligible for a U Visa?

    Not every crime is eligible for a U Visa.The Immigration Service (USCIS) has a specific list of crimes that qualify for U Visa, however, the USCIS will generally give benefits to victims of crimes that either directly or indirectly involve some form of violence. Some of the crimes that qualify are: domestic violence, sexual assault, human trafficking, obstruction of justice or witness tampering, kidnapping, extortion, felonious assault, and the solicitation to commit any of these crimes, among others.
    Top

    3. Should the victim cooperate with the Government to be eligible for a U Visa?

    Yes. One of the requirements of eligibility for a U Visa is that the victim must demonstrate that he/she provided information to the law enforcement agency or the court which is investigating the crime or that the assistance was not unreasonably withheld.
    Top

    4. If the Government does not want to proceed with the criminal case, can the victim still apply for a U Visa?

    The government does not have to initiate, proceed with or complete a criminal case in order for a victim to be able to apply for a U Visa.
    Top

    5. Do the family members of the victim obtain any immigration benefit from the U Visa?

    Yes, the immediate relatives of the victim, (spouse, parents and children) might obtain the same benefits as the victim and be allowed them to live, work and study legally in the US.
    If the family members are outside of the United States they may be able to obtain permission to enter the U.S. under a U Visa status.
    Top

    6. Must the victim provide records of the injuries suffered?

    Yes, the victim has to provide medical records which demonstrate that he/she has received treatment as a result of the physical and/or psychological suffering from the crime that he/she has been victim.
    Top

    7. If the perpetrator is not an American citizen or a Permanent Resident, can the victim still apply for a U Visa?

    Yes. Unlike the VAWA (Violence Against Women Act) that only provides immigration benefits to the spouse or child who are victims of domestic violence perpetrated by a US Citizen or Legal Permanent Resident, and to the parents who are victims of domestic violence by an American Citizen, the U Visa provides immigration benefits to the victims of crime regardless the immigration status of the perpetrator of the crime.
    Top

    8. Can you apply for Permanent Residency once the U Visa is granted?

    Yes, the victim and the family members can apply for Permanent Residency (Green Card) 3 years after the U Visa was granted.
    Top

    9. How long does a U Visa last?

    The U Visa expires after 4 years but it might be extended for a limited period of time.
    Top

    10. Can I travel outside of the US after the U Visa is granted?

    Yes, you can travel outside of the United States but in order to re-enter in US you will need to get the U visa stamped on your passport at the US Consulate or Embassy of the country that you travelled to.
    Top

    IMPORTANT NOTE ABOUT THIS DOCUMENT

    The information contained in this document is general in nature and subject to change at any point in time. As such, it may not necessarily apply to all situations. Therefore, under no circumstance it should be construed as legal advice. Please ensure that you consult with an attorney regarding your specific situation before starting a legal process.

    For more information about immigration alternatives and legal processes, call our office at: 617-303-2600 (ext. 0) for an initial consultation with one of our experienced immigration lawyers in Boston, MA.

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U Visas Related Pages

  • Frequently Asked Questions on U.S. Immigration
  • U.S. Immigration Newsletter
  • Client Success Stories: U Visa
  • Immigration Application Schedule
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FitzGerald Law Company serves the following Massachusetts communities: Suffolk County including Boston, Jamaica Plain, Chelsea and Revere; Middlesex County including Cambridge, Framingham, Lowell, Malden, Everett, Newton, Somerville, and Waltham; Norfolk County including Quincy, Brookline, Weymouth and Randolph; Essex County including Haverhill, Lawrence, Lynn, Peabody, and Salem; Worcester County including Fitchburg, Leominster, Shrewsbury and Worcester; and Plymouth County including Bridgewater, Brockton and Plymouth.

Disclaimer: The information contained in this Web site is general in nature and subject to change at any point in time. As such, it may not necessarily apply to all situations. Therefore, under no circumstance it should be construed as legal advice. Please ensure that you consult with an attorney regarding your specific situation before starting a legal process.

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