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Law Office of Jimena G Cabrera

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    • About us
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      • Our Services
      • L-1A Visa
      • E-2 Treaty Investor
      • Family Petitions
      • Citizenship
      • Fiance Visa
      • H-1B Visa
      • O-1 Visa
      • I-751 Remove Conditions
      • Adjustment of Status
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      • Unlawful Presence Waiver
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      • Visa EB-5 (Español)
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    • ESPAÑOL
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Law Office of Jimena G Cabrera

Law Office of Jimena G CabreraLaw Office of Jimena G CabreraLaw Office of Jimena G Cabrera
  • Home
  • About us
  • Services
    • Our Services
    • L-1A Visa
    • E-2 Treaty Investor
    • Family Petitions
    • Citizenship
    • Fiance Visa
    • H-1B Visa
    • O-1 Visa
    • I-751 Remove Conditions
    • Adjustment of Status
    • U Visa
    • Unlawful Presence Waiver
  • EB-5 VISA
    • Visa EB-5 (Español)
    • EB-5 Visa (English)
  • Blog
  • Appointments
  • Contact Us
  • ESPAÑOL
    • Inicio
    • Nosotros
    • Servicios
    • Citas
    • Contáctenos

IMMIGRATION ATTORNEY IN TORRANCE

U Non-immigrant Visa: Victims of a Crime

The U visa is an immigration benefit that can be sought by victims of  certain crimes who are currently assisting or have previously assisted  law enforcement in the investigation or prosecution of a crime, or who  are likely to be helpful in the investigation or prosecution of criminal  activity. The U visa provides eligible victims with non-immigrant status  in order to temporarily remain in the United States (U.S.) while  assisting law enforcement. If certain conditions are met, an individual  with U non-immigrant status may adjust to lawful permanent resident  status. Congress capped the number of available U visas to 10,000 per  fiscal year.


Eligibility


An individual may be eligible for a U visa if:

  • He/she is the victim of qualifying criminal activity.
  • He/she has suffered substantial physical or mental abuse as a result of having been a victim of criminal activity.
  • He/she  has information about the criminal activity. If under the age of 16 or  unable to provide information due to a disability, a parent, guardian,  or next friend may possess the information about the crime on the  individual’s behalf.
  • He/she was helpful, is being  helpful, or is likely to be helpful to law enforcement in the  investigation or prosecution of the crime. If under the age of 16 or  unable to provide information due to a disability, a parent, guardian,  or next friend may assist law enforcement on behalf of the individual.
  • The crime occurred in the United States or violated U.S. laws
  • He/she  is admissible to the United States. If not admissible, an individual  may apply for a waiver on a Form I-192, Application for Advance  Permission to Enter as a Non-Immigrant.


Qualifying Crimes


  • Abduction
  • Abusive Sexual Contact
  • Blackmail 
  • Domestic Violence
  • Extortion
  • False Imprisonment
  • Felonious Assault
  • Female Genital Mutilation
  • Felonious Assault
  • Being Held Hostage
  • Incest
  • Involuntary Servitude
  • Kidnapping
  • Manslaughter
  • Murder
  • Obstruction of Justice
  • Peonage
  • Perjury
  • Prostitution
  • Rape
  • Sexual Assault
  • Sexual Exploitation
  • Slave
  • Trade
  • Torture
  • Trafficking
  • Witness Tampering
  • Unlawful Criminal Restraint
  • Other Related Crimes*†


*Includes any similar activity where the elements of the crime are substantially similar.
†Also includes attempt, conspiracy, or solicitation to commit any of the above, and other related, crimes.


Benefits of the U Visa


If  found eligible and a petition is approved, a U visa recipient receives  non-immigrant status to live and work in the United States for no longer  than 4 years. Qualified recipients may apply to adjust status to become a  lawful permanent resident (green card) after three years of continuous  presence in the U.S. while having a U visa. The petitioner will have to  meet other eligibility requirements for a green card as well, including  the ongoing duty to cooperate with law enforcement and not unreasonably  refuse to assist with the investigation or prosecution of the qualifying  crime. Additionally, certain immediate family  members of U visa recipients may also be eligible to live and work in  the United States as derivative U visa recipients based on their  relationship with the principal recipient. These family members include:  

  • Unmarried children under the age of 21 of principal U visa recipients; Spouses of principal U visa recipients;
  • Parents of principal U visa recipients under age 21; and
  • Unmarried siblings under 18 years old of principal U visa recipients under age 21.


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disclaimer

 *The  information contained herein is intended for general informational  purposes only. It is not intended for legal advice. You must consult  with an attorney to obtain specific, comprehensive legal advice.  Government processing times may change at any time. For current USCIS  processing times contact USCIS directly. 


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