Where did the U Visa come from?

Historically, much of the undocumented community in the US has been fearful of any kind of involvement with law enforcement. For many of them, the risks of complications with Immigration and the threat of being separated from their family are simply not worth it. The U Visa was created by Congress to encourage immigrant victims of crime to report criminal activity and assist law enforcement with the investigation and prosecution of those crimes. 

What can you get from the U Visa process?

A four year “visa” or “nonimmigrant status,” a work permit (also known as an Employment Authorization Document or EAD), and a path to adjust your immigration status to Lawful Permanent Resident (also known as a “green card”).

How long will it take?

Years. After a year or two, you can get a work permit or EAD. For a final decision, you will likely wait 7-8 years. 

What happens if I have an immigration issue in the meantime?

A good immigration attorney can advise you further, but having a pending U Visa is a very helpful tool to keep you in the country and maybe even dismiss pending removal proceeding.

Who qualifies?

You must be (1) a victim of a specific crime, who (2) has suffered substantial physical or mental harm from the criminal activity, who (3) possesses information about the criminal activity, who (4) has assisted law enforcement with the investigation or prosecution of that crime (and law enforcement certifies your assistance), and (5) the crime must be a violation of US law.

There are 31 qualifying crimes, ranging from domestic violence to sexual assault to kidnapping. You can use either local/state or federal law to determine what qualifies.

Can I include my family with my U Visa application?

Yes! If you are under 21 years old when you file, you can include your spouse, unmarried children under 21, parents, and/or unmarried siblings under 18. 

If you are over 21 years old when you file, you can include your spouse and/or unmarried children under 21.

This is not legal advice but simply general information. If you’d like legal advice about a U Visa, give the team at The Andrews Law Firm LLC a call to schedule a consultation. We are fluent in English and Spanish.