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Boston U-Visa Lawyer for Victims of Crime

Posted By Cova Fernandez On In | Comments Disabled

What is a U Visa?

The U Visa provides immigration benefits for victims of certain crimes [1] in the United States. This visa was created by Congress in 2005 when it passed the Victims of Trafficking and Violence Protection Act of 2005, and allows victims who have suffered mental or physical abuse as a result of the crime and help law enforcement in the investigation or prosecution of the criminal case.

Who is Eligible for U Visa in the US?

The general requirements to be eligible for a U Visa are:

  1. The alien must be a victim of a qualifying crime which includes: 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.
  2. As a result of the crime, the alien must have suffered mental or physical abuse.
  3. The victim has information about the crime and they have provided or are providing assistance to a law enforcement official or the court in the investigation or prosecution of the crime.
  4. The crime has occurred in the United States or has violated U.S. law.
  5. The government official must sign a certification form attesting that the alien has assisted the government in the criminal case.

Our immigration U Visa lawyers in Boston [2] can help you to determine if you are a victim of a qualifying crime in order to apply for a U Visa and they can advise you about how to collaborate with law enforcement and authorities and how to get the certification needed. Call today at 617-523-6320 [3] to schedule an initial consultation with one of our U visa attorneys in Boston, Massachusetts.

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.

What Documentation Do I Need for an U Visa Case?

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 they have been a victim of. In addition to that, they also need to provide:

  1. Foreigner’s Passport
  2. Foreigner’s Birth Certificate (translated if necessary)
  3. Marriage Certificate (if applicable and translated if necessary)
  4. Divorce Certificate(s) (if applicable and translated if necessary)
  5. Copy of any and all prior immigration applications (if applicable)
  6. Court records (immigration or criminal proceedings)
  7. Evidence that criminal conduct caused suffering (counseling and/or medical records)
  8. Documents for criminal case for which they were a Victim
    • Police reports;
    • Documents from judges and other court officials; (Restraining Orders, etc.)
    • Documents from medical personnel;
    • Documents from school officials;
    • Documents from clergy, social workers, and other social service agency personnel.
  9. Signed Statement about the incident and its impact on the victim.
  10. Certification from the government official stating that the victim was helpful to the prosecution.

What is the U Visa Process Like?

The U visa application process usually takes 24 to 36 months, and it encompasses the following steps:

  • Complete and file Form I-918 (Petition for U Nonimmigrant Status), Form I-918 Supplement B (Nonimmigrant Status Certification, which must be signed by a government officer) and the appropriate supporting documents.
  • Complete and file Form I-192 (Application for Advanced Permission to Enter as a Nonimmigrant), if there are any inadmissibility issues.
  • Provide a statement about the crime that the applicant was a victim of, explaining how the applicant has assisted the government and how the applicant has suffered as a result of the crime.

Our U Visa attorneys are highly qualified helping individuals obtain U Visas and they can help you in every step of this complex process to make sure that you have the peace of mind that the case will be well prepared and potential issues are minimized.

What is the Visa Duration Once it is Granted?

Once the U Visa is granted, it is valid for 4 years and it might be extended for an additional period of time.

If the Government Does Not Want to Proceed with the Criminal Case, Do You Still Qualify?

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.

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 they have provided information to the law enforcement agency or the court which is investigating the crime or that assistance was not unreasonably withheld.

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) [4] that only provides immigration benefits to the spouse or child who are victims of domestic violence committed 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 [5] provides immigration benefits to the victims of crime regardless the immigration status of the perpetrator of the crime.

Can I Adjust Status After the U Visa is Granted?

The U visa holder must meet the following requirements in order to adjust status to a U.S. Legal Permanent Resident (Green Card holder) [6]:

  • The Green Card applicant must have lived in the United States continuously for the last 3 years with a U Visa.
  • The U visa holder has not refused to provide assistance to law enforcement since they were granted the U Visa.

U Visa Benefits for Family Members of The Victim

The immediate family members (spouses and in certain cases children, parents and even brother and sisters) of the U visa holder may be eligible for the same benefits as the victim of the crime, which allows them to live, study or work legally in the United States.

Can You Apply for Permanent Residency Once the U Visa is Granted?

Yes, the victim and the family members can apply for U.S. Legal Permanent Residency (Green Card) [6] 3 years after the U Visa was granted.

Can You 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 the 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.

What are the USCIS Filing Fees?

You will need to pay only the filing fees for the Form I-192 if it is necessary. Check the U.S. Immigration Service website [7] for the form mentioned, as they change regularly:

What are the Fees of Our Boston U Visa Immigration Lawyers to Petition for the U Visa?