Being a victim of a crime is a traumatic experience for anyone. However, it can be an even more distressing experience for non-citizens residing in the United States as they are reluctant to report these crimes to law enforcement authorities as they fear deportation. Fortunately, there are several protections under U.S. law for legal and undocumented immigrants who have been victims of a crime. If a non-citizen is the victim of a qualifying crime, suffering mental or physical abuse due to the crime, and has assisted or is willing to assist law enforcement agencies in investigating or prosecuting the criminal case, they may be eligible to obtain a U visa and eventually a green card. Please continue reading to learn more about the U visa and how our compassionate Essex County Green Card Attorneys can help you navigate this complex legal process.
What is a U Visa?
In 2000, Congress created the U nonimmigrant visa with the passage of the Victims of Trafficking and Violence Protection Act to better serve victims of crimes. Essentially, this visa is reserved for victims of certain crimes who have suffered mental or physical abuse and is helpful to law enforcement or government officials in the investigation or protection of criminal activity. According to the U.S. Citizenship and Immigration Services (USCIS), this legislation is intended to encourage undocumented immigrants who were victims of severe crimes to come forward without compromising their safety.
To be eligible for this temporary visa, you must be the victim of a qualifying criminal act. Qualifying crimes for the U visa include domestic violence, sexual assault, trafficking, abduction, torture, kidnapping, felony assault, manslaughter, extortion, and other substantially similar related crimes. The crime must have occurred in the U.S. or violated U.S. laws. In addition, you must be physically present in the U.S. and have suffered severe mental or physical abuse due to the qualifying crime. The crime must have been reported to local law enforcement authorities, and you must be willing to assist these agencies in investigating or prosecuting the case. To apply for U nonimmigrant status, you must file Form I-918, Petition for U Nonimmigrant Status. It’s important to note that certain family members may be eligible for a derivative U visa based on their relationship with you, the applicant.
Can I Receive a Green Card?
After obtaining a U visa, you can legally reside and work in the U.S. for four years. Once you have been under U nonimmigrant status for three years, you may be eligible to apply for a green card, provided that you meet the following conditions:
- Continuous physical presence in the U.S. for at least three years since receiving your U visa
- Have not unreasonably refused to assist law enforcement since receiving your U visa
As you can see, victims of qualifying crimes can obtain a green card. For more information, please don’t hesitate to schedule a consultation with our dedicated legal team. At the Law Offices of Christopher T. Howell, Esq., we are prepared to help guide you through this complex legal process. Contact our firm today to learn how we can assist you during this difficult time.
