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A U visa is a visa for people who are victims of crimes in the United States and are categorized under the non-immigrant category. As a result, when this type of visa is approved, they would not immediately obtain lawful permanent resident status. Once they obtain their non-immigrant status under this visa, however, they would then be able to apply for lawful permanent resident status (a green card) three years after having a U visa.
For assistance with obtaining a U visa, get in touch with a U visa lawyer for legal assistance. Schedule a consultation today to learn more. En Español.
How to Obtain a U Visa
To obtain a U visa, the victim must have been the victim of a crime within the United States. They may also be required to have suffered emotional hardship or trauma as a result of being a victim. In addition, they must have been helpful to law enforcement agencies by providing information regarding the criminal offense and cooperating with any of their requests. Lastly, they must be admissible to the United States. If a person is not admissible for reasons regarding past deportation notices or criminal matters, they could complete a waiver application that is concurrently filed with the U visa.
Is there a Quota on the Number of U Visas Issued Each Year?
Only 10,000 U visas can be approved per year. Every single year, Department of Homeland Security reaches that limit and issues all 10,000 U visas. This has a negative effect on numerous individuals since this type of application, as compared to all other immigrant applications, takes around five to six years to be approved. This is because every year when the 10,000 U visas are issued, everyone who has already applied and has not yet been approved must wait in line until the following year.
What are the Origins Behind the Creation of the U Visa?
The main purpose behind the U visa is to create a safe way for undocumented immigrants to report crimes in the United States. Many states are having issues where immigrants are suffering a variety of different crimes and are not reporting them to the police, and therefore the crimes are not being investigated or prosecuted. As a result, congress enacted the U visa to encourage immigrants to report crimes and to create safer communities for all of us.
Relationship Between the Violence Against Women Act and the U Visa
The Violence Against Women Act is specifically for a more limited group of people, such as parents, spouses, or children of US citizens or lawful permanent residents who have been abused by a US citizen or a lawful permanent resident. Although the name of the visa is “Violence Against Women’s Act”, a VAWA visa is available to males and females.
The U visa, on the other hand, is available to anybody that is an undocumented immigrant that has been a victim of a crime no matter if the aggressor has lawful permanent status of US citizen status.
Under VAWA, the law was also passed and created for similar purposes, but more to offer a solution and a permanent status to those who have been in abusive relationships with US citizens and permanent residents, however, they would have to remain in an abusive relationship in order to obtain their lawful permanent resident status.
Get in Touch with a U Visa Attorney Today
Reach out to a U visa lawyer today for more information regarding the application and whether you or a family member is eligible to receive this type of visa. With a professional immigration attorney at your side, you may be able to have all your questions answered regarding your immigration needs.