The U visa is one of the most valuable options for individuals who have been victims of certain crimes in the United States and have cooperated with authorities in the investigation or prosecution of the case. Not only does it provide protection from deportation, but it also opens the door to permanent residency after a few years.
However, the process can be long and complex, and many people have questions about the requirements, benefits, and waiting times. Today, I want to share clear and direct answers to the most frequently asked questions about the U visa. If you’re considering this option or know someone who might benefit from it, keep reading!
Can I leave the country with a U visa?
It is not recommended. If you leave the U.S. without consulting an attorney, you could lose your status and face difficulties returning. Always make sure to get legal advice before making a decision that could affect your immigration process.
What crimes qualify for the U visa?
Not all crimes qualify, but the following do:
• Domestic violence
• Sexual assault
• Kidnapping
• Aggravated assault
• Human trafficking
• Extortion
To be eligible, you must not only have been a victim of one of these crimes, but you must have cooperated with authorities in the investigation.
What comes first, the work permit or the U visa?
If your application is conditionally approved, you may receive a work permit first, but the wait time can be long due to the annual cap on U visas issued.
What are the benefits of the U visa?
If you are granted a U visa, here are some of the key benefits:
✅ Work permit in the U.S.
✅ Protection from deportation
✅ Opportunity to apply for a Green Card after three years
✅ Ability to include certain family members in the application
What do I need to qualify for the U visa?
The basic requirements include:
✔ Being a victim of a qualifying crime
✔ Suffering physical or emotional harm as a result of the crime
✔ Cooperating with authorities in the investigation
✔ Obtaining a certification from a law enforcement agency confirming your cooperation
How long does the U visa process take?
Patience is key in this process. The waiting time can range from 6 to 10 years, depending on the number of pending applications and USCIS processing times.
What happens if my U visa is denied?
If your application is denied, you could be placed in deportation proceedings, depending on your immigration history. However, there are options: you may appeal the decision or submit a new application with additional evidence.
What happens after getting the U visa?
After three years with a U visa, you can apply for permanent residency (Green Card) by filing Form I-485. You must demonstrate that you have maintained good moral character and that your continued presence in the U.S. is in the public interest.
How much do lawyers charge for a U visa?
The cost varies depending on the complexity of the case and the attorney’s experience, but legal fees generally range between $5,000 and $10,000. Some attorneys offer payment plans or free assistance in specific cases.
Can I include my family in my U visa application?
Yes. You can include certain family members, such as your spouse, children under 21, and in some cases, your parents and younger siblings.
Who certifies the U visa?
Before USCIS can consider your application, you must obtain a certification from a law enforcement agency, such as the police, a prosecutor, or a judge. This certification confirms that you cooperated in the investigation or prosecution of the crime.
Can I work while waiting for the U visa?
Not automatically. However, once your application is conditionally approved, you may receive a work permit while waiting for a U visa to become available.
Conclusion
The U visa is an opportunity for many people who have gone through difficult situations and seek a second chance in the U.S. If you meet the requirements, this visa not only protects you from deportation but also opens the door to a more stable future.
If you’re considering this process, I strongly recommend seeking legal assistance to ensure your application is well-prepared. And remember, even though the journey may seem long, patience and perseverance are key to achieving your immigration goals.
If you have more questions about the U visa, you can contact the Law Office of Denise P. Cabrera for advice on the entire process to ensure the success of your U Visa.
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