what a lawyer does if we apply uvisa at him

by Anissa Schaden 8 min read

If you are a crime victim, a U Visa immigration lawyer can help you stay in the United States. Eventually, you may be able to obtain a green card. A U Visa is a special type of visa for victims of crimes who have helped law enforcement in the investigation or prosecution of that crime.

Full Answer

Do I need a lawyer to apply for a visa?

Applying for a visa is a costly and complicated process. Most people will advise that you need the help of a specialized attorney. The reality is, many people that apply for visas and green cards, can’t actually afford the high attorney fees that come with them.

When will I receive a work permit on my U visa?

Derivative U visa applicants will receive a work permit automatically upon approval of the U visa if the (a)(20) I-765 was filed concurrently with the Form I-918A.

How to apply for a K-1 visa for a fiance?

This application is done by filing a Form I-539. The K-1 visa is often known as the fiancé visa. This visa is required where a U.S citizen wishes to bring his or her fiancé to the U.S. to marry and live in the U.S.

Can you afford the attorney fees for a green card or visa?

The reality is, many people that apply for visas and green cards, can’t actually afford the high attorney fees that come with them. Fortunately, there is a solution. Below we take a look at the approximate costs and fees involved for the different categories of green cards and visas and also what possible solutions there are.

How long does a U visa take?

In most cases, long wait times are an unfortunate reality when dealing with the United States Citizenship and Immigration Services (USCIS) department. After you submit your application, the U visa waiting time can range between 12 to 18 months.

What is i-918 form used for?

You should use Form I-918, Petition for U Nonimmigrant Status, to request temporary immigration benefits if you are a victim of certain qualifying criminal activity. You should also use Form I-918 if you received interim relief prior to publication of regulations regarding these benefits.

What does the U visa do?

The U nonimmigrant status (U visa) is set aside 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.

How long does it take to get U visa approved?

It currently takes up to around six years for USCIS to fully process U visa applications, which includes the agency taking biometrics (photographs and fingerprints), processing all forms and supporting information (such as the Certification of Helpfulness by a qualifying agency), and finally, issuing an approval notice ...

Who fills out form I 918?

You, as the principal petitioner, must file a Form I-918 for yourself. You must also file a Form 918, Supplement B, U Nonimmigrant Status Certification that has been completed and signed by a certifying official. The Form I-918, Supplement B, must be submitted with the original Form I-918 petition package.

What happens if U visa is denied?

If USCIS denies your request for a U visa, then your status is still the same as it was before you applied. This means that if you are in the country without legal documentation, you are at risk for being detained and deported.

What percentage of U visas are approved?

U Visa Success Rate The U visa approval rate is 87 percent for principal petitioners, according the USICS.

How do I know if my U visa is approved?

Talk to an immigration lawyer.If the embassy or consulate approves your case, they put the U visa on a page in your passport.When you get to the U.S., show the immigration officials your passport and visa. ... If the immigration officials let you enter the U.S., then they grant you U nonimmigrant status.

Can you travel with a visa U?

Once USCIS has approved your U visa application, you may only enter the U.S. with an official visa from the consulate or with advance parole if you have filed your application for lawful permanent residence.

How many U visas are approved each year?

10,000 U visaEach year, USCIS may approve up to 10,000 U visa petitions.

How many U visas are issued each year?

10,000By statute, the number of individuals issued principal U-1 visas or provided principal U-1 nonimmigrant status in any fiscal year cannot exceed 10,000; certain qualifying family members are eligible for a derivative U visa but do not count against the annual cap.

How can I get green card after visa?

You are eligible for a Green Card based on derivative U nonimmigrant status if you meet the following requirements:You properly file Form I-485, Application to Register Permanent Residence or Adjust Status;You are physically present in the United States at the time you file your Form I-485;More items...•

Can I get a visa if I entered the US illegally?

Amazingly, you can receive a U Visa even if you entered the U.S. illegally. Here, you may submit a U Visa Application as long as you otherwise meet the requirements described above. However, you may still need to submit an additional application in order to forgive your immigration violation.

Is Kitay Law Office bilingual?

At Kitay Law Offices, virtually our entire staff is bilingual in both English and Spanish. As a result, we can help you in your native language! Contact us for a U Visa immigration lawyer free consultation! You can reach us online or by calling 888-KITAYLAW.

Why do we need a U visa?

The U visa was established to not only help victims from their assailants but to improve society as a whole. U visas also help immigrants with criminal, unlawful presence, or deportation offenses against them gain legal residency, even when they aren’t eligible for a visa via family members or employment.

What are the requirements to get a U visa?

In order to qualify for a U visa, you must meet the following U visa eligibility criteria: You are the victim of a qualifying criminal activity. You have suffered substantial physical or mental abuse due to being a victim of criminal activity. You have information about the criminal activity.

What happens if a victim leaves a country?

If a victim leaves a country during the middle of an investigation, they might not be able to reenter the United States. U visas give you permission to remain in the U.S. If you do decide to travel, you will have to obtain a visa to return, which can be an exhausting process.

What form do I use to apply for a waiver for a nonimmigrant?

laws. You are admissible to the United States. If you are not admissible, you may apply for a waiver on a Form I-192, Application for Advance Permission to Enter as a Nonimmigrant.

Can you get a visa for someone who is murdered?

For example, someone who is murdered can’t apply for a U visa. But, with evidence of attempted murder, they can be granted a U visa. To help determine whether ...

Can a victim apply for a U visa?

victim still apply for a U visa? Yes, in most cases, victims can still apply for a U visa even if the abuser isn’t an American citizen or a Permanent Resident. At Consumer Law Group, our team of immigration lawyers can help you complete your U visa application and help law enforcement prosecute the criminal.

Can an undocumented person apply for a U visa?

Can an undocumented immigrant apply for a U visa? Yes, undocumented immigrants can apply for a U visa, as long as they meet the eligibility requirements explained above. At Consumer Law Group, our U visa immigration lawyers can help ensure victims of crimes meet all of the eligibility requirements to secure a U visa, stay safe, ...

How to apply for a U visa?

In order to be eligible for a U visa, a victim must prove the following: 1 They were a victim of a qualifying criminal activity 2 They suffered substantial physical or mental abuse as a result of the crime 3 They possess credible and reliable information about the qualifying criminal activity 4 They are, have been, or are likely to be helpful in the investigation and/or prosecution of that qualifying criminal activity, and have received a “Law Enforcement Certification” to prove this helpfulness 5 The crime they were a victim of violated a U.S. law

Why do people get a U visa?

Congress’ intent in creating the U visa was two-pronged. First, they wanted to provide an incentive for crime victims to call the police when they were victimized, and to assist as witnesses in the investigation and/or prosecution of the crimes. In the past, though many victims wanted to report the crimes, ...

Why is it important to have a U visa?

For this reason, one of the most important requirements of the U visa is that the victim must have been fully cooperative in the investigation or prosecution of a crime.

How long is a US visa valid?

The U visa gives the applicant lawful immigration status in the U.S., and the ability to work and to apply for a Social Security number. It is only valid for 4 years, but after 3 years the applicant becomes eligible to apply for Legal Permanent Residency, or a “green card.”

Visas for Victims of Crime

Before the year 2000, police had a difficult time prosecuting criminals who attacked illegal immigrants because the victims were afraid to come forward out of fear of being deported.

What Crimes Are Covered by the U Visa

The U Visa covers a wide array of criminal activities, the majority of which involve physical or psychological harm to the victim. Even if you were not the victim of these crimes, you can still be eligible for a U Visa if you witnessed them are willing to aid in the prosecution of the perpetrators.

What is a non-immigrant visa?

Non-immigrant work visas are visas that are obtained for the purpose to work, invest, trade and do business in the U.S. Non-immigrant visas only apply for a limited time period and do not lead to permanent residency or citizenship.

What is an H-4 visa?

H-4 visas are visas dependents of H-1B visa holders can apply for. This visa is used so that dependents (spouse and children under the age of 21 years) can stay with the H-1B visa holder in the U.S. Your application for an H-4 visa can be submitted with the H-1B visa application. H-4 visas allow the holders to work en get an education in the U.S.

What is an adjustment of status?

An Adjustment of Status is where someone currently living in the U.S under a non-immigrant visa becomes a beneficiary of an approved immigrant petition and apply for their status to be changed to permanent resident. The person or entity that filed your immigrant petition has to file an I-485 form.

Can a US citizen petition for a foreign citizen to live in the US?

U.S Citizens and legal permanent residents are allowed to petition for foreign relatives to come live in the U.S legally. There are two categories, namely Immediate Relative Petitions and Family Preference Petitions. The category of family members that are allowed to come to live in the U.S differs if you are a U.S citizen versus only being a green card holder.

Can a foreign national get an O-1 visa?

Foreign nationals with extraordinary abilities in one of the below categories can obtain an O-1 non-immigrant visa. The purpose of the visa is for these individuals to engage in the activities in the U.S.