Three Big Steps to Apply for a U Visa

If you were the victim of a serious crime in the United States, you may have a path to a U visa if you cooperate with law enforcement. A U visa is a specialized immigration option that is designed for the victims of crimes (and their immediate family members, such as their children) who step up and cooperate with the police so that prosecution can move forward. Here, our Virginia U visa attorney highlights three big steps that you will need to take to apply for this type of immigration benefit.

Step #1: Ensure a Crime is Reported to Law Enforcement

To even take the first step in the U visa process, you must ensure that the crime that you were a victim of was properly reported to local, state, and/or federal law enforcement. U visa eligibility begins with qualifying criminal activity. The statute lists offenses such as domestic violence, felonious assault, sexual assault, sex trafficking, and human trafficking. There are other serious crimes that could potentially qualify as well. To seek a U visa, an applicant must possess information about the offense and must have been, is being, or is likely to be helpful to the detection, investigation, or prosecution. Reporting to law enforcement is the anchor of the immigration case. Police reports, incident numbers, and follow-up cooperation establish a record of helpfulness.

Step #2: Request and Obtain a U Certification

You will need to obtain a “U Certification” from a local, state or federal law enforcement agency in order to submit a U visa application. Form I-918, Supplement B, serves as the law enforcement certification. A qualifying agency must confirm that the applicant is a victim of a listed crime and has been helpful, is being helpful, or is likely to be helpful. Certifying officials include police departments, prosecutors, judges, and certain federal agencies. The certification must be signed within six months of filing. If you have any questions about how to get this type of certification, an experienced Virginia U visa attorney can help.

Step #3: Submit the Proper Paperwork for a U Visa 

Finally, you will need to submit the U visa application to federal immigration officials. Form I-918 with supporting evidence is required. Among other things, you will need to include a personal statement describing the criminal activity, proof of identity, and documentation of substantial physical or mental abuse resulting from the crime. Medical records, psychological evaluations, and affidavits carry significant weight. A Virginia U visa lawyer can help you build a strong application.

Key Legal Point: As explained by United States Citizenship and Immigration Services (USCIS), the U visa is granted on a discretionary basis. Approval is not automatic even if the applicant meets the statutory eligibility requirements under the Immigration and Nationality Act (INA). A strong, comprehensive, and well-supported application package is a must.

Contact Our Northern Virginia U Visa Lawyer Today

At Escobar Law Offices, our Virginia U visa lawyer has the immigration law experience that you can rely on. If you have any specific questions or concerns about U visas, we are here to help. Contact us today to set up your completely confidential initial case review. We handle U visas throughout all of Northern Virginia.

Source:

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