U VISAS - A NONIMMIGRANT VISA WITH A TWIST TO A GREEN CARD
When the U.S. Congress enacted the Violence Against Women’s Act in 2000, it paved the way for undocumented immigrants to cooperate with law enforcement. Undocumented immigrants who are victims of certain crimes that occurred in the United States or violated U.S. laws, have suffered substantial physical or psychological abuse on account thereof, are eligible. The immigrant victim of a “qualified criminal activity,” who possess useful information about the criminal activity, and is presently assisting law enforcement; has assisted law enforcement; or will do so in the future, can petition United States Citizenship & Immigration Services (USCIS).
Not all crimes open the door to U visa eligibility. The qualifying criminal activity for the most part applies to serious violent crimes. While the list of acceptable crimes is quite long, a sample of approved crimes are: rape; human trafficking; arson; murder; manslaughter; extortion; perjury; etc. A common denominator of most crimes listed at the USCIS website is that for the most part the offenses are considered felonies in the states where committed.
A U visa applicant must complete two forms which must be presented to USCIS to begin the process. One form (I-918), the petition, contains basic information about the immigrant, and family members, if any, the eligible crime, etc. The other form (I-918B), is a supplemental form completed by law enforcement that states that the immigrant victim is cooperating, has cooperated or will cooperate with the investigation. The form must be signed by a designated police officer, an assistant district attorney of judge. Eligible family members must complete a form known as (I-918A).
What makes the U visa attractive to undocumented immigrants who are victims of crime to come forward, is that at the end of the tunnel it can be converted into a permanent resident green card. An immigrant who has cooperated with law enforcement in the prosecution of an approved criminal activity; and have been residing continuously in the United States for three years, are eligible to request adjustment of status to that of a legal permanent resident (LPR). This is the process through which the undocumented immigrant and certain family members become green card holders or LPR.
Only 10,000 U visas are available annually for the principal applicant ( usually the victim of an approved crime). Once the cap is reached, a waiting list is created. Every October 1, the 10,000 annual visas are released. Presently there is a multi-year backlog. However, there is no annual cap for eligible family dependents.
While the process described above may on the surface appear simple, there are multiple obstacles before a U visa is granted. To minimize obstacles and guarantee that your application will not be rejected, its best to retain the services of a qualified immigration attorney. At ILSOLI, all of our attorneys are equipped to assist you, in a professional, competent manner. To see is you qualify for a U visa, you can request an appointment through our website, or call (631) 617-5269. We have three convenient offices, one in Manhattan and two on Long Island.