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U Visa

U Visa is a nonimmigrant Visa which is given to the Victims of crimes specified by the Law of US that are ready to assist in any kind of investigation by government officials for physical and mental abuse cases or other criminal activity. US Government have made this Act to give protection to the victims as well as make the investigation and prosecution strong for cases of Sexual assault, Domestic violence and other crimes.

There are six legal requirements that are necessary for application for U Visa. Without fulfilling these requirements, a person will not be eligible for U Visa.

  • Criminal activity taken place in US and Violation of US law is done in this case.
  • The applicant has important information regarding that criminal activity and can help officials in investigation.
  • Applicant is the victim of qualifying Crime activity.
  • Applicant is helpful and will be helpful in future with the officials for investigation and prosecution of the case. If the applicant is under 16 years of age and can’t help due to disability then parents, guardians or next friend can access the investigation on his/her behalf.
  • Applicant is physically or mentally abuse due to the constant crime activities on him/her.
  • Applicant must be admissible to the United States otherwise have to apply for waiver on from I-192.

U Visa non immigrant status is granted for four years only and it can be extended in certain circumstances that includes

  • Request from law enforcement as extension is needed for further procedure.
  • Delays in consular processing leading the need of Victim to stay.
  • Exceptional circumstances that can’t be ignored and extension is a requirement

However the status automatically extended if Green card application is filed. U Visa status holder can get Green card under U Visa based adjustment.

The application for U Visa based adjustment could be filed if you are physically present in US from the past three years with Valid U status. The eligibility of the applicant is checked on the basis of the certain requirements like

  • You are continuously present for three years in US under U status.
  • You have given your assistance to law enforcement and never refused for further access without any valid reason.
  • You have valid U status while filing complete form I-485 at U.S. citizenship and Immigration services.

Form I-485 is incomplete if following papers are not submitted.

  • A complete Form G-325A is required.
  • Evidence that shows the applicant holds U visa non immigrant status and is present in US after receiving the grant.
  • Birth certificate of Applicant in English and if it is in another language then certificate with translation will be applicable.
  • Copies of all pages of passport that had been valid while the applicant is in U non immigrant status.
  • Self affidavit of applicant attesting to three years presence in US under U status and all the travelling details including dates of departures from US to other place.
  • A complete I-693 form with medical examination reports.
  • The limit of number of U Visa granted per year is 10,000. There is no cap for family members including children, spouse and other eligible members
  • If the Cap is reached before all U Visa petitions are granted then a waiting list will be created. Petitioners will have to wait for availability of their U visa. However petitioner will be eligible to apply for work while waiting for additional U visas to become available.
  • When additional visas will be available then petitioners will get U Visa on the basis of the order of petitions received.

We are here for your assistance in any kind of query. For more details regarding U Visa and Family members deriving status you can contact us. Our Lawyers will help you in the whole procedure for obtaining U visa status and Permanent residence.