What Requirements Will Crime Victims Need to Meet to Receive a U Visa?

 Posted on February 07, 2022 in Immigration

Immigrants who are living in the United States are likely to have a variety of concerns about their legal status and their ability to remain in the country. Because of this, some immigrants are hesitant to come forward and report crimes, since they may worry that they could face deportation. However, the U.S. provides some protections for crime victims, including the ability to apply for U visas that will allow a person to stay in the country and receive authorization to work. Immigrants will need to understand the eligibility requirements for these types of visas and the laws and policies that may apply as they seek protection from deportation.

Qualifying for a U Visa

Immigrants who have been the victims of certain types of crimes may be able to receive a U visa if they have information about criminal activity and are willing to assist law enforcement officials as they investigate a crime or prosecute an alleged offender. An immigrant will need to demonstrate that they have experienced physical or emotional abuse because of the crimes that were committed. They must also meet the qualifications to be admissible to the United States, although those who do not meet these requirements may apply for waivers of inadmissibility.

Only certain types of crimes will allow victims to qualify for a U visa, and criminal activity must have taken place in the United States or otherwise violated U.S. laws. Applicable crimes include:

• Murder or manslaughter
• Kidnapping, abduction, unlawful restraint, or false imprisonment
• Sexual assault, abusive sexual contact, or incest
• Domestic violence or stalking
• Felony assault
• Human trafficking or involuntary servitude
• Prostitution or sexual exploitation
• Blackmail or extortion
• Obstruction of justice or perjury

A person can apply for a U visa by filing a Petition for U Nonimmigrant Status (Form I-918). They will also need to submit a certification from a law enforcement official stating that they have participated in the investigation or prosecution of a qualifying crime or that they are expected to be helpful in these efforts in the future.

The number of U visas that can be issued each year is limited to 10,000. After an application is submitted and processed, a person may be placed on a waiting list until a U visa becomes available. Those who are on the waiting list will be able to receive deferred action that will prevent them from being deported, and they may apply for authorization to work. However, the processing times for U visa applications have increased significantly in recent years. In 2020, the average amount of time between when an application was submitted and when a person was placed on the waiting list was around 50 months. To address this issue, U.S. Citizenship and Immigration Services (USCIS) has implemented new policies meant to reduce the amount of time needed to process applications and ensure that those who have applied for U visas will be able to receive the benefits and protections they need.

Contact Our Illinois U Visa Lawyers

If you have been the victim of a qualifying crime and are looking to obtain protections that will allow you to stay in the United States, Mevorah & Giglio Law Offices can help you apply for a U visa. We will make sure you meet all of your legal requirements, and we will assist with filing the proper forms and documentation that will allow you to avoid deportation. We will also help you take steps to receive authorization to work and ensure that you will be able to apply for a Green Card and become a lawful permanent resident. Contact our Illinois deportation defense attorneys at 630-932-9100 to set up a free consultation.