USCIS gives the option of applying for a U visa which will eventually allow one to apply for their green card. Congress started offering the U nonimmigrant visa in 2000 and since then, it has helped countless number of people who have been a victim of a qualifying crime. The U visa was created for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity (USCIS.gov, Victims of Criminal Activity: U Nonimmigrant Status). Generally, once granted a U visa and after being on a U visa status for three (3) years, one can apply for their green card.
To be eligible to apply for a U visa, one must have been a victim of a qualifying criminal activity. Not all crimes qualify for a U visa. Please visit the USCIS website to obtain a full list qualifying criminal activity. On that list, the following crimes can be found: abduction, abusive sexual conduct, blackmail, extortion, kidnapping, murder, hostage, rape, stalking, trafficking, torture, sexual assault, perjury, manslaughter, obstruction of justice, among others. Along with that, the victim must have suffered substantial physical or mental abuse as a result of being a victim. The victim must have information about the criminal activity. The victim is, was, or will be likely to be helpful to law enforcement in the investigation and/or prosecution of the crime. The crime must have occurred in the U.S.A. or violated U.S. law. Lastly, the victim must be admissible to the U.S.A.
The application process entails filing form I-918, Petition for U Nonimmigrant Status, Form I-918 Supplemental B, U Nonimmigrant Status Confirmation (which needs to be signed by an authorized official of law enforcement), and supporting evidence to USCIS. Supporting evidence may include a personal statement from the victim and from any witnesses to the crime, photographs, news articles, receipts, medical records, among other documents. The processing times for a U visa is approximately 60 months as of today due to the high volume of applicants for this type of visa. Please also keep in mind there is a 10,000 cap per year for U visas. Therefore, it is recommended to apply as soon as possible so your case can be reviewed and considered sooner.
It can be difficult for a victim of a crime to have to recount the hurtful events they endured and put together a case. It is strongly recommended that one hire an Immigration Attorney to help with their case and let the Attorney handle the logistics and filings so you can take a rest and work on recovering. You can contact the Law Office of Sovmya George, PLLC to discuss your case with Attorney George and learn more about the U visa and whether it would be a good option for you. We are happy to help you, and remember, you are not alone in your immigration case!
