Victims of violent crime are already traumatized by the violation of their safety. That trauma can be intensified when they are undocumented and worried about their immigration status. The U visa, or U nonimmigrant status, grants special visa status to victims of mental or physical abuse who are willing to help law enforcement prosecute those crimes.
Massachusetts’ immigrant population may be at risk of violent crime. A skilled immigration attorney can assist with helping these victims obtain a U visa while they recover..
Who Qualifies for a U Visa?
A U visa exists specifically to aid authorities in the investigation and prosecution of a crime. It allows undocumented people to receive justice for their harm while also protecting their ability to remain in the country. An individual must meet several criteria to qualify for a U visa.
- Victim of a Qualifying Crime – Applicants must be a victim of one of the crimes listed by U.S. Citizenship and Immigration Services. The\ crimes include but are not limited to, domestic violence, sexual assault, human trafficking, extortion, blackmail, and kidnapping.
- Suffered Mental or Physical Harm – The victim must have documentation from a medical professional that they suffered physical or emotional harm.
- Cooperation with Law Enforcement—The victim must be willing to help law enforcement investigate and prosecute the crime.
- Admissibility – The applicant cannot have committed certain crimes or immigration violations.
U Visa Process
The application process for a U-visa is extremely complex and requires an experienced immigration attorney. The first step is to file a petition, which is a Form I-918. It is important to remember that the wait time for the U visa process can be long, taking months or even years. According to the USCIS, the federal government only issues 10,000 U visas per year.
The U visa provides several critical benefits to recipients:
- Protection from Deportation – Once approved, U visas protect holders from deportation.
- Work Authorization – U visa holders have work authorization, which allows them to support themselves and their families while living in the U.S.
- Eligibility for Family Members – Certain family members of the U visa holder may also be eligible to obtain derivative U visas, which helps families stay united.
- Pathway to Citizenship – U visa holders can eventually apply for U.S. citizenship after becoming a lawful permanent resident.
Challenges and Limitations
There are some challenges and limitations to consider when applying for a U visa. The annual cap on accepted applications can cause significant wait times and leave many people in limbo, including family members of applicants. Gathering the necessary documentation for certification can be time-consuming, especially if there is a significant language barrier. Victims are often overwhelmed by this process. This is one more reason why an immigration attorney is so necessary.
A person can do everything right and still be denied a U visa. The process is very dependent on federal statutes and the discretion of judges. Applications may be denied because of lack of evidence, inadmissibility, or failure to cooperate with law enforcement. Applicants should work closely with lawyers to strengthen their cases.
Seeking Legal Help
The U visa helps non-citizen victims of crime find protection and support while protecting their status in this country. It also aids police in prosecuting severe crimes. The U visa process can still be daunting to navigate due to the complex legal requirements and lengthy wait times. Cameron Moore Law has years of experience dealing with immigration issues and can help clients in Massachusetts navigate this complex area of law. Please contact us online or call (857) 600-0178 so that we can assist you with your immigration concerns.
