Victims of certain crimes committed inside the United States, who have suffered substantial mental, or physical abuse and are willing to assist law enforcement and government officials in the investigation or prosecution of the criminal activity may qualify to apply for U nonimmigrant status (U visa). This applies to victims of domestic violence, sexual abuse, felonious assault, human trafficking (see also T visa), false imprisonment, and other similar crimes.
There are four statutory eligibility requirements. The individual must:
- Have suffered substantial physical or mental abuse as a result of having been a victim of a qualifying criminal activity (defined by law);
- Have information concerning that criminal activity;
- Have been helpful, is being helpful, or is likely to be helpful in the investigation or prosecution of the crime; and
- Be admissible to the United States. If you are not admissible, you may apply for a Waiver.
- This would apply if you have certain criminal convictions, entered the U.S. without authorization, have a prior deportation order, among other restrictions.
If an individual is granted U status, they receive work authorization for four years. After three years of continuous presence in the United States in U status, the foreign national may be eligible to apply for Adjustment of Status and receive a green card. Five years after the green card is granted, Naturalization may be a possibility.
Klinke Immigration is recognized throughout the United States for their experience in filing successful U applications. Let us help you and your family focus on healing instead of immigration matters.