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Getting a U-Visa as a Victim of a Crime

How can Attorney Timothy D. Widman help?

Are you the victim of a crime? You may be able to obtain a temporary legal status and work eligibility in the United States for up to four years, with the possibility of adjusting status to that of a lawful permanent resident after three years in valid U nonimmigrant status.

Congress allocates 10,000 U visas each fiscal year for persons who have suffered substantial physical or emotional abuse as a result of being the victim of qualifying criminal activity which occurred in the U.S. and who not only possess information about the crime but have been helpful to law enforcement in the investigation or prosecution of the criminal activity. Certain qualifying family members of the crime victim may also submit petitions as U Visa derivatives.

Eligible family members include:

  • Spouses
  • Children
  • Unmarried siblings under 18 years of age (where U-1 is under 21)
  • Mothers
  • Fathers
  • Stepparents
  • Adoptive parents

Filing the Application

Filing is made with USCIS on Form I-918. All U visa applicants must be admissible to the United States. If subject to a ground of inadmissibility, the applicant must apply for a waiver and be able to demonstrate that it would be in the public or national interest for DHS to approve the waiver request. If the principal applicant's visa petition is granted, he or she will be accorded U-1 nonimmigrant status, an Employment Authorization Document (EAD) will automatically be issued, and any outstanding order for his or her removal, deportation or exclusion from the United States will be canceled.

If you believe you may be eligible to file a U visa petition or have questions regarding this visa category, please speak with the Law Offices of Timothy D. Widman. Mr. Widman will evaluate your case, determine if you are eligible for a U visa, and explain how he can assist you with the process of gathering the necessary evidence and certification to apply for U visa status.

Following are some of the categories of crimes that may qualify for U visa classification:

  • Abduction

  • Female genital mutilation
  • Prostitution
  • Domestic violence

  • Incest
  • Rape
  • Extortion
  • Involuntary servitude
  • Sexual assault
  • False imprisonment
  • Kidnapping
  • Torture
  • Felonious assault
  • Perjury
  • Trafficking

The above list is not exhaustive. Similar criminal activities in violation of federal, state, or local criminal laws may also qualify for a U visa.

Contact the immigration office today for the legal guidance that you require.