Unfortunately, many immigrants are fearful of admitting that they have been victims of a crime in part because they believe they will be deported from the United States if they report the crime. However, U.S. law provides various protections for legal and undocumented immigrants who have been victims of a crime. Victims are often unaware of such protections, but those who have experienced mental or physical abuse who can provide helpful information regarding the protection of criminal activity to law enforcement may be eligible to receive a U visa, also known as “U nonimmigrant status.” Please continue reading to learn who qualifies for a U visa and how a compassionate Middlesex County, New Jersey, Green Card Lawyer can help you navigate this complex legal process.
What is the U Visa?
The U nonimmigrant visa was created by Congress in 2000 as part of the Victims of Trafficking and Violence Protection Act. According to the U.S. Citizenship and Immigration Services, this legislation was intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, trafficking of noncitizens, and other crimes while also protecting victims of crimes who have suffered substantial mental or physical abuse due to the crime and are willing to assist law enforcement authorities in the investigation or prosecution of the criminal activity. Essentially, it’s designed to ensure undocumented victims of crimes are better served by law enforcement authorities without compromising their safety or risking deportation.
To gain temporary immigration benefits for you and your family, you must complete USCIS Form I-918, the Petition for U Nonimmigrant Status. Supplement B of this form must be signed by an authorized official of the certifying law enforcement agency to confirm that you were helpful and are currently being helpful or will likely be helpful in the investigation or prosecution of the case.
What Are the Requirements for a Green Card Under These Circumstances?
After you obtain a U visa, you can work and live lawfully in the U.S. for four years. Once you have retained a U visa for three years, you may be eligible to apply for a green card if you meet specific requirements, including:
- You have been physically present in the U.S. for a continuous period of at least three years while in U nonimmigrant status
- You have not unreasonably refused to assist law enforcement authorities since you received your U visa
It’s importnat to note that the same agency that certified the crime for which you fell victim will also be responsible for determining whether your remaining in the U.S. is justified.
If you are the victim of a crime and believe you are eligible for a U visa or a green card, please don’t hesitate to contact our dedicated legal team, who can help guide you through this complex legal process. At the Law Offices of Aditya Surti, LLC, we are prepared to help you understand your rights.
