Your Path to Opportunity, Guided with Expertise.
Your Path to Opportunity, Guided with Expertise.
The U visa is a nonimmigrant visa category available to certain victims of qualifying crimes who have suffered mental or physical abuse and are willing to assist law enforcement agencies in investigating or prosecuting those crimes.
The U visa was created to encourage undocumented immigrants to come forward and report crimes, ensuring public safety and providing protection to victims who may fear cooperating with law enforcement due to their immigration status.
Here is an explanation of the U visa process:
Eligibility: To be eligible for a U visa, an individual must meet the following criteria:
The first step in the U visa process is to obtain a certification from a qualifying law enforcement agency. This certification, known as Form I-918, Supplement B, must be completed by a law enforcement official, prosecutor, judge, or other designated authority. It confirms that the individual was a victim of a qualifying crime and has bee
The first step in the U visa process is to obtain a certification from a qualifying law enforcement agency. This certification, known as Form I-918, Supplement B, must be completed by a law enforcement official, prosecutor, judge, or other designated authority. It confirms that the individual was a victim of a qualifying crime and has been, is being, or is likely to be helpful in the investigation or prosecution of that crime.
Once the Form I-918, Supplement B, is obtained, the victim can file the U visa application, Form I-918, with the U.S. Citizenship and Immigration Services (USCIS). The victim's immediate family members may also be included in the application as derivative U visa applicants.
The U visa category has an annual cap of 10,000 visas. If the cap is reached in a fiscal year, any eligible applicants will be placed on a waiting list and granted a "Deferred Action" status, which provides temporary protection against deportation until a U visa becomes available.
USCIS will review the U visa application and may request additional evidence to verify the victim's eligibility. The applicant may be required to attend an interview at a USCIS office. If approved, the U visa will be granted, and the applicant will receive work authorization.
U visas are initially granted for up to four years. After three years of holding U visa status, the individual may be eligible to apply for lawful permanent residency (green card) if certain conditions are met.
U visa holders and their qualifying family members can live and work legally in the United States during the visa validity period. Additionally, U visa holders may be eligible for public benefits and services available to victims of crime.
The U visa process can be complex, and it's essential for victims to seek assistance from legal professionals. The process is designed to protect and support crime victims while ensuring cooperation with law enforcement agencies to enhance public safety. Contact our immigration lawyers today by using the online form or calling us at 210.227.3200. During the consultation, we will listen to your case and move forward with appropriate guidance and legal options.
The Violence Against Women Act (VAWA) is a landmark piece of legislation in the United States that was first enacted in 1994 and has been reauthorized and expanded since then.
It is designed to protect victims of domestic violence, sexual assault, and other qualifying crimes, regardless of gender, and provides avenues for certain immigrant victims to obtain legal immigration status independently of their abusers.
The primary purpose of VAWA in the context of immigration is to offer protection and assistance to immigrant victims who have suffered abuse at the hands of a U.S. citizen or lawful permanent resident spouse, parent, or adult child. It also applies to certain immigrant victims who are married to non-immigrants or have had abusive non-immigrant parents.
To qualify for immigration benefits under VAWA, the applicant must meet specific eligibility criteria, including:
a. Relationship with the Abuser: The applicant must have a qualifying familial relationship with the abusive U.S. citizen or lawful permanent resident. This includes being a spouse, child, or parent.
b. Evidence of Abuse: The
To qualify for immigration benefits under VAWA, the applicant must meet specific eligibility criteria, including:
a. Relationship with the Abuser: The applicant must have a qualifying familial relationship with the abusive U.S. citizen or lawful permanent resident. This includes being a spouse, child, or parent.
b. Evidence of Abuse: The applicant must provide credible evidence to demonstrate that they have been subjected to battery or extreme cruelty by the abuser. This evidence can include police reports, medical records, affidavits from witnesses, photographs, or any other relevant documentation.
c. Good Moral Character: The applicant must show good moral character, except in cases where the abuse itself has contributed to certain criminal activities.
One of the unique features of VAWA is that it allows the victim to self-petition for immigration benefits without relying on the abuser to sponsor their application. This is crucial, as many victims might fear deportation or retaliation if they seek help from their abusive family member.
VAWA includes provisions to protect the confidentiality of the victim's information during the application process. This is to ensure the safety of the victim and prevent any potential retaliation from the abuser.
Upon approval of the VAWA self-petition, the victim may be eligible for certain immigration benefits, such as:
a. Lawful Permanent Residency (Green Card): If the self-petition is approved, the applicant may be granted lawful permanent residency, allowing them to live and work permanently in the United States.
b. Work Authorization: While
Upon approval of the VAWA self-petition, the victim may be eligible for certain immigration benefits, such as:
a. Lawful Permanent Residency (Green Card): If the self-petition is approved, the applicant may be granted lawful permanent residency, allowing them to live and work permanently in the United States.
b. Work Authorization: While the VAWA self-petition is pending, the victim may be eligible for a work permit to support themselves financially.
VAWA also extends protection to certain qualifying family members of the victim, known as derivative beneficiaries. This means that eligible children of the victim may also be granted immigration benefits under VAWA, even if they are not direct victims of the abuse.
It's important to note that VAWA is a complex legal process, and applicants are encouraged to seek assistance from qualified immigration attorneys. The process aims to empower victims to break free from abusive situations and start anew in a safe and secure environment in the United States. Contact The Trevino Law Firm, PLLC today by filling out the online form or calling us at 210.227.3200 to schedule a consultation.
Inadmissibility waivers, also known as waivers of ineligibility, are provisions within U.S. immigration law that allow certain individuals who would otherwise be considered inadmissible to the United States to seek permission to enter or adjust their status despite their ineligibility.
Inadmissibility refers to various grounds that can bar someone from entering or residing in the U.S., such as certain criminal convictions, health-related issues, immigration violations, or past misrepresentations.
There are several types of inadmissibility waivers, each catering to specific grounds of ineligibility.
Here's an overview of the most common types and the general process for each:
It's important to note that the waiver process can be complex and case-specific, and applicants are strongly encouraged to seek legal counsel or assistance from an experienced immigration attorney to navigate the application process successfully. Additionally, eligibility criteria and procedures for waivers may change over time, so it's essential to refer to the latest information provided by U.S. Citizenship and Immigration Services (USCIS) or consult an immigration expert for the most up-to-date guidance. At The Trevino Law Firm, PLLC, our immigration lawyers can discuss your case with you. Contact us to schedule a consultation either by calling us at 210.227.3200 or using the online form.
We use cookies to analyze website traffic and optimize your website experience. By accepting our use of cookies, your data will be aggregated with all other user data.