Qualifying criminal activity
The applicant was the victim of qualifying criminal activity.
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Personalized legal guidance for eligible crime victims seeking U Visa protection, from understanding eligibility and obtaining certification to preparing the application and addressing potential immigration issues.
U Visa explained
The U Visa is a nonimmigrant immigration benefit available to certain victims of qualifying crimes who have suffered substantial physical or mental abuse and have been, are being, or are likely to be helpful to law enforcement in the investigation or prosecution of criminal activity.
The U Visa can provide eligible victims with temporary immigration status and employment authorization. In certain circumstances, a U Visa holder may later become eligible to apply for lawful permanent residence.
Because every case depends on the victim's circumstances, criminal activity involved, cooperation with law enforcement, immigration history, and other factors, it is important to speak with an experienced immigration lawyer before filing.
U Visa Legal Services for Crime Victims in New York
Personalized legal guidance for eligible crime victims and their families.
If you are an immigrant who has been the victim of a qualifying crime in the United States, you may have an immigration option through the U Visa. The U Visa was created to protect eligible crime victims who have suffered substantial physical or mental abuse and who are willing to assist law enforcement with the investigation or prosecution of the crime.
At E-Z Immigration, we provide personalized legal guidance to individuals seeking U Visa protection. Our team can help you understand whether you may qualify, prepare the required documentation, address potential immigration issues, and navigate the application process.
The U Visa is a nonimmigrant immigration benefit available to certain victims of qualifying crimes. It can provide eligible victims with temporary immigration status and employment authorization. In certain circumstances, a U Visa holder may later become eligible to apply for lawful permanent residence.
U Visa eligibility factors
U Visa eligibility can be complicated. Generally, an applicant must be able to establish several important requirements, including:
The applicant was the victim of qualifying criminal activity.
The crime occurred in the United States or violated U.S. law.
The applicant suffered substantial physical or mental abuse as a result of the crime.
The applicant possesses information about the criminal activity.
The applicant has been, is being, or is likely to be helpful in the investigation or prosecution.
A law enforcement agency provides the required certification confirming the applicant's helpfulness.
The applicant is admissible to the United States or qualifies for an applicable waiver.
Qualifying crimes can include certain offenses such as domestic violence, sexual assault, trafficking, felonious assault, kidnapping, and other qualifying criminal activity. Eligibility is fact-specific, and simply being a victim of a crime does not automatically mean that someone qualifies for a U Visa.
U Visa immigration benefits
For eligible applicants, the U Visa may provide important immigration protection while allowing victims to cooperate with law enforcement without having to face the immigration process alone.
An approved U Visa can provide qualifying victims with temporary nonimmigrant status in the United States.
Eligible U Visa applicants may be able to obtain employment authorization, allowing them to work legally in the United States.
Depending on the applicant's circumstances and age, certain qualifying family members may also be eligible for derivative U Visa benefits.
A U Visa is not itself a Green Card. However, eligible U Visa holders may potentially pursue lawful permanent residence after meeting applicable requirements.
U Visa benefits depend on eligibility, the facts of the case, and applicable immigration requirements. A case-specific review can help clarify which options may be available.
U Visa application process
A U Visa case requires careful preparation and supporting evidence. The process may generally involve several stages.
An immigration lawyer reviews your circumstances, the crime involved, immigration history, cooperation with law enforcement, and other relevant factors.
Form I-918, Supplement B, must be signed by an appropriate certifying official from a qualifying law enforcement or other authorized agency.
The principal applicant generally files Form I-918, Petition for U Nonimmigrant Status, with supporting evidence establishing eligibility.
Evidence may include medical or counseling records, statements, police or court records, photographs, and personal declarations.
Some immigration issues may affect eligibility. Depending on the circumstances, a waiver or additional immigration relief may be available.
USCIS reviews the petition and supporting documentation after filing. Processing can take considerable time and timelines can change.
Important: Certification requirements and procedures can vary. A certification does not guarantee U Visa approval, and the certifying agency does not make the final immigration decision.
Discuss Your U Visa CaseU Visa certification guidance
One of the most important aspects of many U Visa cases is the law-enforcement certification.
The certification helps establish that the applicant has been, is being, or is likely to be helpful in the investigation or prosecution of qualifying criminal activity.
Obtaining certification can involve communicating with the appropriate law-enforcement agency and presenting the circumstances of the case clearly.
A certification does not guarantee U Visa approval, and the certifying agency does not make the final immigration decision.
Certification requirements and procedures can vary, so legal guidance can be valuable before submitting a U Visa petition.
The certification is an important part of the U Visa process, but it is only one part of a complete petition and supporting-evidence strategy.
Support for crime victims
Some individuals learn about the U Visa after experiencing domestic violence, sexual assault, trafficking, or another serious crime.
Certain domestic violence offenses may qualify as criminal activity for U Visa purposes when the other requirements are met.
Victims of sexual assault, trafficking, and other serious qualifying crimes may have immigration options to explore.
Felonious assault, kidnapping, and other qualifying criminal activity may also be relevant depending on the facts.
Immigration status can make victims afraid to report criminal activity or cooperate with authorities. The U Visa was created in part to encourage victims to report qualifying crimes and assist law enforcement while providing immigration protection to eligible victims.
If you are concerned that your immigration status could prevent you from seeking help, speaking confidentially with an immigration lawyer can help you understand your available options.
U Visa and family immigration
U Visa cases can sometimes involve immigration benefits for qualifying family members.
U Visa cases can sometimes involve immigration benefits for qualifying family members. The specific family members who may qualify depend on factors such as the principal applicant's age and individual circumstances.
If your immigration needs involve multiple family members or you are considering a family-based immigration option in addition to a U Visa, our Family Immigration Services team can help you understand the available pathways.
Why work with a U Visa lawyer?
U Visa cases can involve immigration law, criminal proceedings, law-enforcement certification, supporting evidence, and potential inadmissibility issues.
An experienced immigration lawyer can help you understand the requirements, prepare your case, and avoid common mistakes that can create unnecessary complications.
At E-Z Immigration, we take a personalized approach to immigration matters and help clients understand their options before deciding how to proceed.
Every case is different. Legal advice should be based on the applicant's specific circumstances and the applicable law.
U Visa questions
Find general information about U Visa eligibility, certification, applications, family benefits, inadmissibility, and potential long-term immigration options.
Ask About Your U Visa CaseIf you or a family member has been the victim of a qualifying crime, you may have immigration options that you have not considered.
E-Z Immigration provides personalized immigration guidance to individuals and families in New York and clients who need virtual immigration assistance beyond New York. Contact E-Z Immigration today to discuss your circumstances and learn whether the U Visa may be an option for you.