Non-U.S. citizen survivor of violent crime?
We may be able to help.
We help survivors of certain violent crimes obtain U visas. The U visa is a temporary immigration benefit for survivors of certain crimes who are helpful to law enforcement or government officials in the investigation or prosecution of the criminal activity. A U visa is good for four years. Qualifying family members of the survivor may also be eligible for U visas. After three years in U status, you may be able to apply for a green card (residency).
Immigration Relief for Immigrant Victims
U visa resources for survivors of violent crime who are seeking, have applied for, or currently have U visa status:
- U visa information from U.S.C.I.S.
- U visa resources from the Immigrant Legal Resource Center – English
- Ayuda inmigratoria para victimas de crimen – Immigrant Legal Resource Center
What is the U visa?
The U visa is a special visa for the survivors of certain crimes, including crimes of domestic violence and sexual assault, among others. The person must be the survivor, or “indirect survivor” of the crime, cooperate with law enforcement in the investigation of the crime and show that they have suffered on account of the crime. Some of the survivor’s family members can be included in a U-visa application. An attorney or representative can help determine which family members can be included.
If an application is approved, the US government will grant U nonimmigrant status for four years with the ability to work for those four years and the ability to apply for legal permanent residence after three years in U nonimmigrant status.
What is a waiver? Why is it needed? What does it require?
Immigration law defines many categories of people who are not eligible to receive visas. These include people who commit crimes, people who have been deported, or entered the country illegally, or who have stayed in the U.S. illegally for certain periods of time. It also includes have certain health related conditions, including mental health issues and drug or alcohol problems, and people who have committed immigration fraud (lied to immigration), or who have said they are U.S. citizens when they are not. These are just some examples.
An attorney should review each case very carefully to see if any of these apply to the case. If any of these apply, the individual will need to file a waiver (form I-192), and prove that it is in the public interest for them to stay in the U.S. An attorney or representative should help the individual understand and prepare the waiver. It is very important for clients to tell their attorney or representative the truth at all times. Their role is to help you win the case. Remember all the information shared with an attorney or representative is confidential, until the case is filed with immigration. The information given by a client to their attorney is used to figure out how to protect the client and prepare the best possible case.