Get Legal Help for Criminal Immigration Defense Los Angeles

If you are not a U.S. citizen but you have been a victim of the crime in the United States, you can apply for an immigrant visa that will allow you to live and work in the country. Illegal trafficking is the most common type of crime that most such victims have suffered from. In 2000, the U.S. government passed the Victims of Trafficking and Violence and Protection Act. The law authorized two new visas for victims of human trafficking: U visa and T visa. The law was passed to help law enforcement officials gather the information they need to apprehend and prosecute individuals involved in trafficking crimes.

Qualifying for either of these visas is not easy, and you should not attempt to do so alone. Retaining the services of an immigration lawyer can give you the help that you need.

Obtaining a U-Visa

A U visa gives you legal status in the U.S. for up to four years. Once you have had your visa for three years, you may be eligible to apply for a green card.

To obtain a U visa, you will need to provide a “certificate of helpfulness” from a U.S. law enforcement or prosecutorial agency. You must also prove that you suffered mental or physical abuse at the hands of a U.S. citizen or legal resident. If you have been deemed inadmissible to the country owing to previous immigration violations, then you will need to apply for a waiver.

Form I-918 is the application for a U visa. To get the visa, you must meet the stringent criteria set by U.S. Citizenship and Immigration Services (USCIS). You must have been the victim of a “qualifying criminal activity” and the crime must have occurred in the United States. You can still meet this criterion if you witnessed a violation of U.S. law and have been impacted by it.

U Visas: How Crime Victims Who Are Assisting Law Enforcement May Be Eligible

If you are granted with a U visa, you will be able to assist in a criminal investigation. You will have legal status in the U.S. for a maximum of four years. Most pursue this route due to green card eligibility after 36 months. However, you must have useful information about the criminal activity and be willing to turn this information over to the police. The information and your witness must be helpful to law enforcement in bringing the perpetrators to justice.

If you go to authorities and state you were the victim of a serious crime, that alone will not be enough to have them grant you a U visa to legally remain in the United States. To obtain a U visa, you are required to provide authorities what is known as a “certificate of helpfulness.” The official document would be granted by the police department, or other law enforcement agency. Keep in mind that your stay is dependent on how proactive you are. Read on for more information regarding U visa eligibility.

These are the types of crimes covered by the U visa:

1. Violent crimes
   These include murder, manslaughter, vehicular homicide, robbery, assault, domestic violence, and stalking
2. Enslavement crimes
   These include illegal restraint, kidnapping, abduction, forced labor, slavery, human trafficking, and false imprisonment
3. Sex crimes
   These include rape, incest, sex trafficking, sexual assault, sexual exploitation, forced prostitution, and female genital mutilation.
4. Obstruction crimes
   These include perjury, witness tampering, and withholding evidence.

You can qualify for the visa if you were the victim of an attempt at such crimes and/or you witnessed them.

The U visa serves to protect people who have been the victim of a crime but may be reluctant to speak to the police for fear of deportation and because of cultural and language barriers. Indeed, many criminals target non-U.S. citizens for these reasons.

You do not have to live a life in the shadows. A criminal victim visa lawyer in Los Angeles can help you get your petition for a visa certified by a law enforcement official. They will also help you write a personal statement that details the physical or mental harm you have suffered. Your immigration attorney in Los Angeles will also help you gather medical records and statements from physicians and psychologists. He or she will also have photographs taken of your injuries and will get affidavits from social workers.

If your U visa application is approved, certain members of your family may also be eligible for visas. These include:

• Your spouse
• Unmarried children under 21
• Your parents (if you are under 21)
• Unmarried siblings who are under 18 (if you are under 21)

T-Visas For Victims Of Human Trafficking

If you are the victim of a severe form of human trafficking, you can apply for a T visa. You should hire a T visa lawyer for immediate assistance to prove that you would be suffering hardship if removed from the U.S. To obtain this visa, you will need to undergo a criminal background check and an interview with a USCIS examiner. You will also need to be fingerprinted.

If your application is approved, you will be granted a work permit. You can also apply for a green card three years after you are granted the visa. Derivative visas are available for your spouse, children, and parents (subject to the same restrictions as the U visa).

The specific eligibility requirements for a T visa are as follows:

• You were induced through force, fraud, or coercion to engage in commercial sex acts
• You are in the United States as a result of being a victim of trafficking
• You would suffer extreme hardship and severe harm if you are removed from the United States
• You have complied with all reasonable law enforcement requests for assistance in a trafficking investigation and prosecution

What Happens When A Green Card Holder Is Arrested?

As a green card holder, you may not be well-versed in the laws, rules or regulations in place within the state you are temporarily residing in. If you were arrested, remember that you have a right to legal representation. You should find and consult with a lawyer to handle your case. You may find that your immigraton status differs from a U.S. citizen. The police will put you on an imigration hold, instead of granting you bail. Without reason you can get placed into federal custody, where you will be held until your case is adjudicated. For more information on conviction and how to protect your green card status, click here.

If you have been a victim of a crime in the United States, a dedicated legal counsel will protect you and your interests. They strive to legally protect and help your family settle in the country.