U Visa is an immigration benefit designed to help victims of certain crimes to help law enforcement without having to fear deportation. Annually 10,000 applicants are authorized to be approved for this visa. With crimes against foreign nationals on the rise the processing times wait takes several years for approval. When the visa numbers for the year are all used up the applicants are eligible to receive employment authorization.
Labor exploitation of undocumented or other foreign nationals is widely prevalent qualifies for this benefit request.
Victims of specified criminal activity qualify for the immigration benefits for cooperating and being helpful with the investigating and prosecuting the criminals.
The following is the list of qualifying crimes for U visa: Abduction, Abusive sexual conduct, holding hostage, blackmailing, domestic violence, extortion, false imprisonment, felonious assault, female genital mutilation, fraud in foreign labor contracting, incest, involuntary servitude, kidnapping, manslaughter, murder, obstruction of justice, peonage, perjury, prostitution, rape, sexual assault, sexual exploitation, slave trade, stalking, torture, trafficking, unlawful criminal restraint, witness tampering and solicitation or conspiracy or attempt to commit named crimes.
BEGINNING PROCESS: CERTIFICATION OF CRIME
Certification from the court, law enforcement officials or department of labor is the initial procedure.
ADVANTAGES
- Waivers: U visa makes it possible to waive entry without inspection, misrepresentation and many other grounds of ineligibility to obtain legal status;
- Spouse and children under 21 yrs. of age can also obtain immigration benefit;
- Travel is possible upon approval;
- Permanent residence can be obtained after 3 years of residence in the U.S. once U visa is approved;
- Spouse and unmarried children can also receive permanent residence.
Many state laws crimes are named differently from the crimes listed as designated crimes under the immigration law. Crimes that are similar to the designated crimes also do qualify for U Visa benefit request.
If the elements of state criminal activity are similar to the designated crime, the law enforcement officials, the prosecutor's office or the presiding Court would be able to certify the U visa certification request even if the criminal activity under the state statute is called by a different name.
Call Haranlaw at (317) 660-6174 to schedule a consultation if you need help with U visa.