By: Gregory J. Eck
Many immigrants are not aware that victims of crime may eligible for a U visa and a green card. I spoke with a client recently who had been subject to physical and verbal abuse by her estranged husband. She was able to obtain an order of protection for both herself and their two children, which is welcome and important for her safety and that of her children. However, my client, an undocumented immigrant, was unaware of the additional benefit of the U visa. Created by Congress in 2000, the U visa is available for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity. The 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 help law enforcement authorities in the investigation or prosecution of the criminal activity. The legislation also helps law enforcement agencies to better serve victims of crimes.
In order to qualify for a U visa, you must
- Be the victim of one of several crimes listed in the law.
- Have suffered physical or mental abuse as a result of that crime.
- Be willing to cooperate with the authorities regarding that crime.
- Have information regarding the crime which you are willing to share with law enforcement. If you are under 16 years old, you may have a family member or guardian share the information for you.
- Be admissible as a non-immigrant in the U.S. “Admissible” is a specific legal term and means that there are no bars to your eligibility for a non-immigrant visa. Such things might include a criminal record, prior history of immigration violations, or other issues.
- If you are inadmissible, you’ll need to file an application for a waiver. If this application is approved, the inadmissibility will be waived.
Can I work with a U visa?
Yes, but it’s complicated. Before June 2021, an applicant had to wait until her U visa was approved before she could get an employment authorization document (EAD). Sometimes this process could take up to five years or more. However, in June 2021, USCIS updated its policy guidelines and now, once once USCIS determines that a U visa petition is bona fide – that is, “made in good faith; without fraud or deceit,” they will issue an EAD, allowing you to work and remain in the United States while your U visa application is pending.
Can I get a Green Card?
Yes, but there are certain conditions. If you already have a U visa, to qualify for a green card you must:
- Be in U status for at least three years.
- have been continuously physically present in the U.S. for three years or more.
- Continue to cooperate with authorities in prosecuting the crime against you.
- Be otherwise eligible for permanent residence.
If you are the victim of a crime, including domestic violence, and think you may be eligible for a U visa, you should contact a qualified immigration lawyer who can assist you with this process. Like most things involving immigration, it can be complicated and confusing. The Law Office of Gregory J. Eck, LLC can assist you with this process. Contact us to get answers about this or any other immigration question you might have.