Applying for a U Visa? Five Questions You Need to Answer

United States Citizenship and Immigration Services (USCIS) explains that a U visa is a specialized immigration option for victims of specific crimes who have cooperated with law enforcement. At Escobar Law Offices, we help people and families navigate the U visa application process. Here, our Annandale U visa attorney provides an overview of five key questions that you need to answer if you are applying for a U visa.

Question #1: Did the Crime You Were a Victim of Cause Substantial Physical or Mental Abuse? 

A U visa applicant must demonstrate that they suffered substantial physical or mental abuse as a result of the criminal activity. USCIS evaluates this requirement by reviewing the nature of the injury, the severity of harm, and the long-term impact on the victim. Medical records are often key to satisfying this element of a U visa application. 

Question #2: Did/Do You Possess Information About the Crime? 

Federal immigration law requires the victim to have credible and reliable information about the qualifying criminal activity. The applicant must show that they possess knowledge about the crime that could assist investigators or prosecutors. To be clear, the information does not always need to be extensive. Still, it must be relevant and truthful.

Question #3: Did You Help or Are You Willing to Help Law Enforcement?

Help for local, state, or federal police is a big one. Indeed, cooperation with law enforcement is foundational in the U visa program. An applicant must show that he or she has been helpful, is being helpful, or is likely to be helpful in the investigation or prosecution of the crime. Law enforcement confirms this requirement by completing Form I-918 Supplement B

Question #4: Are You Otherwise Admissible to the United States?

You could meet all of the requirements of a U visa and still have your application denied if you are not otherwise admissible to the United States. It is another requirement that far too many people overlook in the U visa application process. Certain immigration violations or criminal issues may create grounds of inadmissibility under federal law. In many cases, the applicant may request a waiver using Form I-192, Application for Advance Permission to Enter as a Nonimmigrant. 

Question #5: Do You Have an Immigration Attorney? 

U visas are discretionary. That means that you could technically satisfy all of the immigration requirements and still have your application denied. Given the discretionary nature of these visas, it is crucial that you present the strongest, most well-supported case. An experienced Virginia U visa attorney can help. 

Contact Our Virginia U Visa Lawyer for a Completely Confidential Consultation

At Escobar Law Offices, our Virginia U visa attorney provides compassionate legal representation. If you have any questions about U visas, we are here to help. Contact us now to arrange your strictly private, no obligation initial consultation. We handle U visa applications throughout Northern Virginia, including in Annandale, Arlington, Falls Church, Fairfax, and Alexandria.

Source:

uscis.gov/humanitarian/victims-of-human-trafficking-and-other-crimes