The U Visa Program: From Crime Victim to Green Card

 Posted on May 29, 2019 in Immigration

We sincerely hope that you have not been a victim of a crime while temporarily visiting, studying, or working in the United States. But if you have, you should be aware of the immigration benefits available to crime victims under the nonimmigrant U visa program.

How to Qualify for a U Visa as a Crime Victim

To qualify for a U nonimmigrant visa, you must meet the following criteria:

• You were the victim of a qualifying crime, as a result of which you suffered substantial mental or physical abuse.
• You possess information about the crime that would be helpful to law enforcement.
• A federal, state, or local law enforcement official certifies, on a form that is attached to your visa application, that you are helping or have helped law enforcement in the investigation or prosecution of that crime.
• You must meet the standard criteria for admissibility to the US or obtain a waiver of inadmissibility.

Types of Crime that Qualify for a U Visa

Qualifying crimes are generally violent or sexual crimes such as being kidnapped, held hostage, raped, beaten, or forced into prostitution.

The Process and Timeline for Immigration Through a U Visa

The first step is to complete your application for a U visa using USCIS Form I-918. You may attach applications for your immediate family members to also receive U visas.

If your application for a U visa is approved by USCIS, you will be placed on “deferred action” status. You will be authorized live and work in the US until a visa becomes available. Because only 10,000 U visas are available each year, the current waiting time is four to 5 years.

After you receive a U visa, you are authorized to stay in the US as a temporary resident for up to four years.

If you maintain three years of continuous physical presence in the US after receiving your U visa, you can then apply for a green card, that is, lawful permanent resident status.

Chicagoland immigration Lawyers Assisting Crime Victims

If you have been a victim of a qualifying crime and have cooperated with law enforcement, speak to a Chicagoland immigration attorney who can help you through the process of applying for a U visa. Call Mevorah & Giglio Law Offices at 630-932-9100.