Milwaukee U Visa Attorney

When an undocumented immigrant or other noncitizen is the victim of a serious crime, they are often too scared to step forward and assist law enforcement in the prosecution of the perpetrator. Fortunately, the law may be on their side. With the help of a U Visa, the victim of a serious crime can assist law enforcement in the investigation or prosecution of a crime while seeking immigration protection, without the burden of an uncertain future. If you are the victim of a crime and want to hold the perpetrator accountable, our firm can help. Contact a U Visa attorney from Sesini Law Group today.

What is a U Visa?

The U visa is for crime victims and certain qualifying family members who have suffered serious mental or physical abuse and are willing to assist law enforcement and government officials in the investigation or prosecution of that crime. Legislation authorizing the U visa was intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases involving such areas as domestic violence, sexual assault, and human trafficking, and to protect victims. After three years of continuous physical presence in the United States while in U Visa status, a holder may apply to adjust status and become a Lawful Permanent Resident. U visas are limited to 10,000 per year. However, there is no limit for family members such as spouses, children, or other eligible members. If the annual cap is reached, eligible applicants may be placed on a waiting list until a visa becomes available.

How Long the Wait Actually Is

The 10,000 annual cap applies only to principal applicants, and demand has exceeded it every year since the category was created. The pending caseload now runs well into the hundreds of thousands, and principal petitioners filing today should expect to wait several years before their petition is fully adjudicated.

That wait does not have to be spent without protection. USCIS conducts what is called a bona fide determination on pending petitions. If your petition is found bona fide and you merit a favorable exercise of discretion, USCIS may grant you deferred action along with an Employment Authorization Document, typically valid for four years. Qualifying family members included in your petition may receive the same.

Two points are worth understanding clearly. Deferred action is not lawful status, and it does not by itself start the three-year clock toward permanent residence. That clock begins when the U visa itself is approved, and you are admitted in U nonimmigrant status. Even so, a bona fide determination generally arrives years before final approval, and it is what allows many petitioners to work lawfully and remain in the United States while the cap line advances.

Who is eligible to apply for a U Visa?

There are six requirements to apply for a U visa:

• The applicant must have been a victim of a qualifying criminal activity.
• The applicant must have suffered substantial physical or mental abuse.
• The applicant must be willing to provide information concerning the crime.
• The applicant must have been helpful, is being helpful, or is likely to be helpful to law enforcement in the detection, investigation, prosecution, conviction, or sentencing of the crime, and must obtain a signed certification (Form I-918 Supplement B) from a qualifying official.
• The criminal activity occurred in the United States or violated U.S. laws.
• The applicant is admissible to the United States under current law.

Crimes that Qualify for a U Visa

A number of crimes qualify for the U Visa. A few such crimes are:

• Domestic violence
• Female genital mutilation
• Kidnapping
• Manslaughter
• Murder
• Prostitution
• Rape
• Sexual Assault
• Human trafficking

Can I extend a U Visa?

A U visa is valid for four years. Extensions may be available if:

• Requested by law enforcement,
• Needed based on exceptional circumstances,
• Needed due to delays in consular processing, or
• Automatically extended while a timely-filed application for adjustment of status remains pending, provided the application was filed before the U visa expired.

Adjustment of Status

The status can be later adjusted. There are a number of items that must be submitted in order to later adjust the status of someone with a U visa. Some such items are:

• Evidence of the applicant’s U visa approval;
• A medical examination and vaccination record;
• The applicant’s birth certificate;
• Copies of all passports;
• An affidavit attesting to three years of continuous physical presence in the United States since being admitted on a U visa;
• Evidence to show at least three years of continuous physical presence.
• Applicants must also meet all eligibility requirements for adjustment of status, and approval is not automatic.

Those who are not admissible under current United States law may apply for a waiver on a Form I-192 – Application for Advance Permission to Enter as a Non-Immigrant.

Contact a U Visa Attorney Today

If you would like to apply for a U Visa, consult with an experienced immigration attorney. It is always a good idea to consult with an immigration attorney when you prepare an immigration-related petition or waiver request to obtain legal advice and assistance. Also, an attorney can assist you in identifying and collecting the best evidence to support your petition or waiver request. Contact Sesini Law Group.