Victims of certain crimes who have suffered mental or physical abuse and are willing to assist law enforcement in the investigation or prosecution of the crime may be eligible for a U Visa. The U Visa offers protection to victims who might otherwise be hesitant to come forward due to their immigration status. If you or someone you know is a victim of a qualifying crime, the experienced legal team at Pozo Goldstein, LLP—trusted New York immigration lawyers — can help you navigate the U Visa process and secure the protection and benefits it offers.
What Is a U Visa?
The U Visa is a nonimmigrant visa available to victims of specific crimes committed within the United States. This visa was created to encourage victims to cooperate with law enforcement, even if they are undocumented. In addition to providing protection from deportation, the U Visa offers several other benefits, including work authorization and the ability to apply for lawful permanent residency (a green card) after three years.
At Pozo Goldstein, LLP, we understand the challenges victims face in coming forward, particularly those concerned about their immigration status. As knowledgeable New York U Visa lawyers, we provide compassionate, personalized support throughout the U Visa application process, ensuring your case is handled with the care and diligence it deserves.
Eligibility Requirements for a U Visa
To qualify for a U Visa, several specific criteria must be met:
- Victim of a Qualifying Crime: The applicant must have been the victim of a crime such as domestic violence, trafficking, sexual assault, extortion, kidnapping, or other serious crimes.
- Suffered Substantial Harm: The victim must have experienced substantial mental or physical abuse as a result of the crime.
- Cooperation with Law Enforcement: To qualify, the applicant must have assisted or be willing to assist law enforcement or government officials in investigating or prosecuting the crime.
- Admissibility Requirements: Applicants must meet the general admissibility requirements, though certain grounds of inadmissibility may be waived for U Visa applicants.
Each case is unique, which is why working with a seasoned New York immigration lawyer from Pozo Goldstein, LLP can make a significant difference. Our attorneys will review your situation in detail to determine eligibility, address any legal obstacles, and help you gather the documentation necessary to strengthen your application.
U Visa Application Process
The U Visa application process involves multiple steps, each requiring attention to detail. At Pozo Goldstein, LLP, we have extensive experience helping clients successfully navigate the complex U Visa process. Below is an overview of the application process:
Step 1: Law Enforcement Certification (Form I-918B)
A critical step in applying for a U Visa is obtaining a certification from a law enforcement agency through Form I-918, Supplement B. This form confirms the applicant’s cooperation with law enforcement in the investigation or prosecution of the crime. Without this certification, the U Visa application cannot proceed.
Our attorneys will work with law enforcement officials on your behalf to secure the necessary certification, ensuring you meet this critical requirement.
Step 2: U Visa Petition (Form I-918)
The next step is to file Form I-918, the Petition for U Nonimmigrant Status, along with supporting evidence that demonstrates your eligibility. This evidence may include police reports, medical records, and personal statements detailing the abuse you suffered.
Given the complexity of gathering and presenting this evidence, it is essential to have experienced legal counsel on your side. Our New York U Visa lawyers at Pozo Goldstein, LLP are well-versed in handling sensitive cases and will guide you through every aspect of your petition.
Step 3: Waiver of Inadmissibility (Form I-192)
If there are any grounds of inadmissibility that apply to you, such as past immigration violations or criminal history, you may need to file Form I-192 to request a waiver. The waiver process can be complicated, but our attorneys will work tirelessly to help you present a compelling case for approval.
Step 4: Wait for USCIS Decision
Due to high demand, there is currently a waiting list for U Visas, as only 10,000 are issued annually. However, once your application is approved, you will receive deferred action and be eligible for work authorization.
At Pozo Goldstein, LLP, we are committed to keeping you informed throughout the waiting process. Our attorneys will provide regular updates and address any concerns you may have while your petition is under review.
Benefits of a U Visa
A U Visa offers several important benefits to victims of crime:
- Protection from Deportation: Recipients are protected from removal from the U.S.
- Work Authorization: U Visa holders receive work permits, allowing them to legally work in the United States.
- Path to Lawful Permanent Residency: After holding U Visa status for three years, recipients may be eligible to apply for a green card.
- Derivative Benefits for Family Members: Certain family members, such as spouses, children, or parents, may also be eligible for derivative U Visas.
At Pozo Goldstein, LLP, we are committed to helping our clients not only secure U Visa status but also explore opportunities for permanent residency and other immigration benefits.
Why Choose Pozo Goldstein, LLP?
Navigating the U Visa application process can be overwhelming, especially for those who are already dealing with the trauma of being a victim of a crime. With offices in New York, Pozo Goldstein, LLP offers compassionate, skilled legal representation to help victims of crime access the benefits and protections they need.
Our legal team includes former immigration prosecutors, giving us a unique perspective on the complexities of immigration law. Whether you need assistance with obtaining law enforcement certification or navigating the waiver process, our New York U Visa lawyers are here to provide the support you need every step of the way.
Contact Pozo Goldstein, LLP for Assistance
If you or a loved one is a victim of a crime and in need of immigration assistance, do not hesitate to contact Pozo Goldstein, LLP. Our experienced New York immigration lawyers are ready to help you apply for a U Visa and secure the protection and benefits you deserve.
Call us today to schedule a consultation and let our legal team provide the expert guidance you need to navigate the U Visa process with confidence.
