The U-Visa is a nonimmigrant visa created by Congress to encourage victims of serious crimes to cooperate with law enforcement. To qualify, the applicant must have been the victim of a qualifying crime, must have suffered substantial physical or mental abuse, and must have been helpful or be likely to be helpful in the investigation or prosecution of the crime.
A U-Visa provides lawful status for up to four years, work authorization, and a path to a green card after three years of continuous presence in U-Visa status.
Qualifying crimes.
Domestic violence, sexual assault, kidnapping, abusive sexual contact, felonious assault, blackmail, extortion, false imprisonment, hostage taking, manslaughter, murder, obstruction of justice, perjury, witness tampering, and others. The crime must have been committed in the United States or violated U.S. law.
The certification.
The application requires a signed law enforcement certification (Form I-918, Supplement B) attesting to the applicant's cooperation. Obtaining the certification often requires careful approach to the investigating agency, prosecuting office, judge, or other certifying authority. The firm has experience working with Cook County and Lake County agencies on these certifications.
Substantial harm and helpfulness.
The application includes a personal statement establishing the substantial physical or mental abuse the applicant suffered as a result of the crime, supporting documentation, and evidence of the applicant's helpfulness to law enforcement. The firm prepares all of these elements together to present a coherent, compelling case.
Backlogs and waiting lists.
USCIS receives more U-Visa applications each year than the statutory cap allows. Approved applicants are placed on a waiting list and may receive deferred action and work authorization while waiting. The firm prepares clients for the realistic timeline.
Adjustment to lawful permanent residence.
After three years in U-Visa status, the applicant may apply for adjustment of status to become a lawful permanent resident. Family members may be included.
Who This Is For
- Victims of qualifying crimes who cooperated with law enforcement
- Applicants needing law enforcement certification
- Family members of qualifying victims
- Crime victims with prior immigration issues
- U-Visa holders ready to adjust status
Why Work With This Firm
- Experience obtaining certifications in Illinois jurisdictions
- Trauma-sensitive intake and statement preparation
- Family member derivative petitions
- Coordination with criminal and family law matters
- Clear timeline expectations