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U Visa

U Visa

Immigrant victims of certain crimes who have suffered mental or physical abuse may qualify for U Visa that can lead to a green card if they can assist law enforcement or government officials in the investigation or prosecution of criminal activity.

You may be eligible for a U nonimmigrant visa if:
— You are the victim of qualifying criminal activity,
— Have suffered substantial physical or mental abuse as a result of having been a victim of criminal activity,
— You have information about the criminal activity,
— You were helpful, are helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime,
— The crime occurred in the United States or violated U.S. laws,
— You are admissible to the United States. If you are not admissible, you may apply for a waiver.

Filing for Qualifying Family Members
Certain qualifying family members are eligible for a derivative U visa based on their relationship to the principal, filing for the U visa. If the principal is under 21 years of age, they may petition on behalf of spouse, children, and parents. If the principal is 21 years of age or older, they may petition on behalf of spouse and children.

Applying for a Green Card
A U visa holder may be eligible to apply for a Green Card if they meet certain requirements, including being physically present in the United States for a continuous period of at least three years while in U nonimmigrant status, and having not unreasonably refused to provide assistance to law enforcement since receiving the U visa.

Contact us if you have question or for a free consultation.

Additional Source: 9 FAM 402.6