Do I qualify for a U Visa?

If you are an illegal immigrant who is a victim of a serious crime, you may be too afraid to notify law enforcement out of fear of being deported. However, the law may be on your side. If you have heard about applying for a U visa, here are some of the questions you may have:

What is a U visa?

Essentially, if you have been the victim of a serious crime, you may apply for a U visa if you agree to cooperate with law enforcement in their investigation or prosecution of that crime. After three years of continuous physical presence in the United States, a U visa holder may apply to adjust his or her status and become a Lawful Permanent Resident.

How do I know if I qualify for a U visa?

Below, you will find the six requirements to apply for a U visa:

  • The applicant must have been a victim of a qualifying criminal activity
  • The applicant must be willing to provide information concerning the crime
  • The applicant must assist in the investigation
  • The criminal activity occurred in the United States or violated U.S. laws
  • The applicant is admissible to the United States under current law
  • The applicant must have suffered substantial physical or emotional abuse.

What crimes qualify for a U visa?

Some of the violent crimes that may qualify for a U visa are as follows:

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

How may I extend a U visa?

While a U visa is only valid for four years, there are certain exceptions. They are as follows:

  • If the extension is requested by law enforcement
  • If the extension is needed based on exceptional circumstances
  • If the extension is needed due to delays in consular processing or is automatically extended upon the filing of an application for adjustment of status

What documents will I need to adjust the status of my U visa?

  • Evidence of the applicant’s U visa approval
  • A medical examination and vaccination record
  • Copies of all passports
  • Evidence to show at least three years of continuous physical presence
  • Birth certificate
  • An affidavit attesting to three years of continuous physical presence in the United States since being admitted on a U visa

If you are currently inadmissible under current United States law, you may apply for a waiver on a Form I-192–Application for Advance Permission to Enter as a Non-Immigrant.

Contact our Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. If you have any questions regarding immigration law matters, please contact the Sesini Law Group, S.C. and schedule your initial consultation with our firm today.

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