U Visa Attorney Guiding Victims Through Visa Eligibility

If you’ve endured physical or mental suffering due to being a victim of a crime, the U visa may offer you a path to enter or stay in the United States. Established in 2000 under the Victims of Trafficking and Violence Protection Act, this visa provides a way for victims of certain crimes to gain legal status and rebuild their lives. To understand if you’re eligible and take steps toward a fresh start, reach out to Delgado Avalos Law Firm. Our experienced legal team can guide you through this process. We understand you have been through a lot already, and we are here to help.

What Are the Requirements to Apply for a U Visa?

The U.S. Citizenship and Immigration Services office details six key criteria that you must meet to be eligible for a U visa:

You are the victim of a qualifying crime.
You have information about the crime or ongoing criminal activity.
You suffered mental or physical abuse as a result of the crime.
You were helpful, are helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime.
You are eligible for admissibility to the United States — although there may be a waiver option in some cases.

Not all crimes qualify as a “qualifying crime.” This is a specific list of crimes, including but not limited to:

Domestic violence
Extortion
Murder
Kidnapping
Incest
Perjury
Rape
Slave trade
Torture
Witness tampering

For a full list of the qualifying crimes, speak to one of our immigration attorneys. Even an unsuccessful attempt to commit one of these crimes may count as a qualifying crime for U visa eligibility.

What Is a U Visa Certification?

As part of your U visa application, you’ll first need to secure a Law Enforcement Certification (Form I-918B), the U Nonimmigrant Status Certification. This form must be completed by an authorized individual within the law enforcement agency where you’re providing information. The certification confirms your valuable input into ongoing investigations and must be included along with your other application materials. While the certification process can sometimes be challenging due to paperwork issues, our immigration attorneys can ensure accurate completion and timely submission.

In some cases, it can be difficult to get law enforcement agencies to comply with paperwork requests. It’s not unusual for paperwork to be lost, to take an excessive amount of time to be filled out, or to be filled out by the wrong person or with incorrect information. Working with an immigration attorney can ensure that you have a correct U visa certification and are able to submit it in a timely manner with the rest of your application materials.

Can I Include My Family Members on My U Visa Application?

Recognizing the emotional impact of leaving family members behind, the U visa allows certain family members to be eligible for derivative U visas based on your application. If you’re under 21, your parents, unmarried minor siblings, spouse, and children may qualify. If you’re 21 or over, eligibility extends only to your spouse and/or children.

Can I Legally Work With a Pending Application?

To be able to work while your U visa is processing, you will need to apply for a work permit. However, this process often experiences backlogs, and you may need the assistance of an immigration attorney to help you request a bona fide review and understand what your options are for ensuring your financial needs are met while you wait for your applications to be approved.

What Are Some Common Reasons U Visas Are Denied?

U visa applications are often denied due to insufficient evidence demonstrating adherence to the aforementioned criteria. A missing certification letter, inadequate proof of physical or mental abuse, or errors in form completion could lead to denial. If your application is denied, contacting an immigration attorney promptly is crucial. You might have the chance to appeal or refile with proper documentation, and time is of the essence.

If you think you may meet the eligibility requirements for a U visa, call Delgado Avalos Law Firm at 805-793-0647. We help clients in Ventura, California, and the rest of the United States apply for legal status and respond to denials or other requests from immigration services. Don’t let what you’ve been through hold you back from the life you deserve. Call our office today to speak with an immigration attorney who can help.