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U Visa


U Visa Immigration Lawyer

Get an Immigration Attorney who does many U Visas.

The U visa category was created by provisions in the Victims of Trafficking and Violence Protection Act of 2000 for victims of certain enumerated crimes which occur in the United States. The Act provides for up to 10,000 visas yearly for such victims. U nonimmigrants may be eligible for adjustment of status after three years of continuous presence where reasons of humanitarian grounds, family unity or public interest justify such a grant. An alien may be classified as a U nonimmigrant if the Secretary of Homeland Security determines that: (1) the alien has suffered substantial physical or mental abuse as a result of having been a victim of criminal activity involving one or more of the following or any similar activity in violation of federal, state, or local criminal law: rape; torture; trafficking; incest; domestic violence; sexual assault; abusive sexual contact; prostitution; sexual exploitation; female genital mutilation; being held hostage; peonage; involuntary servitude; slave trade; kidnapping; abduction; unlawful criminal restraint; false imprisonment; blackmail; extortion; manslaughter; murder; felonious assault; witness tampering; obstruction of justice; perjury; or attempt, conspiracy, or solicitation to commit any of the above mentioned crimes; (2) the alien (or in the case of an alien child under the age of 16, the parent, guardian, or next friend of the alien) possesses information concerning such criminal activity; (3) the alien (or in the case of an alien child under the age of 16, the parent, guardian, or next friend of the alien) has been helpful, is being helpful, or is likely to be helpful to a federal, state, or local law enforcement official, to a federal, state, or local prosecutor, to a federal or state judge, to the Bureau of Immigration and Customs Enforcement (BICE), or to other federal, state, or local authorities investigating or prosecuting such criminal activity; and/or (4) the criminal activity violated the laws of the United States or occurred in the United States (including in Indian country and military installations) or the territories and possessions of the United States. If the Secretary of Homeland Security considers it necessary to avoid extreme hardship to the spouse, the child, or, in the case of an alien child, the parent of the alien described above, the Secretary of Homeland Security may also grant U nonimmigrant status based upon certification of a listed government official that an investigation or prosecution would be harmed without the assistance of the spouse, the child, or, in the case of an alien child, the parent of the alien. The number of principal aliens who may be issued visas or otherwise provided status as U nonimmigrants in any fiscal year will not exceed 10,000.

A U Visa Immigration Lawyer can properly prepare the necessary paperwork and petition if you qualify for a U Visa. This is a visa that is given to victims of certain crimes. It is unfortunate if you are such a victim. However, the U Visa Immigration Lawyer can explain if you are such a victim, the law permits you to apply for legal status in the U.S. Therefore, what are the crimes that one can be a victim of and apply for the U Visa. The U Visa Immigration Lawyer will explain that the following crimes will qualify: rape; torture; trafficking; incest; domestic violence; sexual assault; abusive sexual contact; prostitution; sexual exploitation; female genital mutilation; being held hostage; peonage; involuntary servitude; slave trade; kidnapping; abduction; unlawful criminal restraint; false imprisonment; blackmail; extortion; manslaughter; murder; felonious assault; witness tampering; obstruction of justice; perjury; or attempt, conspiracy, or solicitation to commit any of the above mentioned crimes.

A U Visa Immigration Lawyer can explain that it can be ‘related’ to one of those crimes. Therefore, even if you have not been subject to the exact crime, it is still possible to apply for the U Visa. One of the most difficult parts of applying for the U Visa is getting the necessary certification from a government official. Without this certification, it would not be possible to apply for the U Visa. Essentially, the U Visa Immigration Lawyer will explain that the certification basically explains that you were in fact a victim of the crime, that you assisted and cooperated with the government in regards to this crime and that you will continue to help should it be necessary. Therefore, the Long Beach immigration lawyer explains that if you did not make a police report and did not help the officers or detectives with the information needed for them to prosecute the person who committed the crime, it will be very difficult to obtain the U Visa. Thus, Brian D. Lerner suggests that if you have in fact made a police report and are a victim of crime of one of the enumerated items above, you should consider applying for the U Visa.

The U Visa Immigration Lawyer states that the U Visa is actually a temporary visa for 3 years. However, if you get the temporary U Visa for 3 years, you can them apply for permanent residency. The U Visa allows a wide range of Waivers to be applied for concurrently with the U Visa. Unlike many other types of visas that do not permit Waivers, or the Waivers are much more difficult to obtain, the U Visa has more of a relaxed standard for granting the Waivers and allows practically anything to be Waived. For example, U Visa Immigration Lawyer states that you can waive former deportation orders, multiple illegal re-entries, aggravated felonies as well as other crimes and even claiming to be a U.S. Citizenship. There are cases where you might qualify for other forms of relief (adjustment through marriage for example), but you might not be able to get items waived. In that case, the U Visa (if you qualify) would be the better option.

The U Visa Immigration Lawyer would go on to explain that In addition to the ability to waive items that are not possible in other areas of immigration law, there is a large net of derivatives that can get U derivative visas if you obtain your visa.

 

3 Comments - Leave a Comment
  • ANTONIO -

    DEAR ATTORNEY BRIAN. HERE A QUESTION ABOUT U – VISA.

    BEING A WTTNESS FOR THE PROSECUTOR IN A GRAND JURY AND AT THE END THE PROCESS THE DEFEDANT WAS CONVICTED. DOES THIS QUALIFIES THIS PERSON TO RECEVE U=VISA?

    THANK YOU

    ANTONIO

  • rafael -

    Mr lerner I was victim of a crime I was attached 4 years ago by wife exhusband we call 911 they never show up and I was wondering if I can cualify for the u visa I also file 130 a year ago and I was wondering if you can help thank you 909 708-5670

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