Do You Want to Apply for a U Visa? Contact Us Today to Help You With Your Process

When an undocumented immigrant becomes a victim of a crime in the United States, you might assume that could be one of the worst things they could possibly experience. However, in some cases it turns out to have a silver lining. When a crime victim in this situation decides to help law enforcement during the investigation of the crime committed against them, it may allow them to pursue a U visa, which can allow them to remain in the United States temporarily and result in eventual U.S. residency on a permanent basis. However, due to the numerous complexities that are contained within immigration law, it is best to get legal immigration help.

U Visas for Crime Victims

When legislation for Victims of Trafficking and Violence Protection was passed in 2000, U visas and T visas were created. While the U visa is for immigrant victims of crimes that occurred in the U.S., a T visa is reserved for those who are victims of human trafficking. While these visas will allow you to stay in the U.S. temporarily to assist law enforcement in the investigation, you will also need to show that you do indeed have enough information that can be useful to investigators. To make sure you are able to obtain the right green card, work with a visa attorney for victims of crimes.

U Visa Approval

Should you be granted a special U visa so that you can assist in a criminal investigation, you will have legal status in the United States for as long as four years. This is crucial, since once you have had a U visa for 36 months, you will then be able to apply for a green card, granting you legal permanent residence. Because of this possibility, many crime victims automatically assume any information they provide will put them one step closer to permanent residency. However, that is not always the case. Since this area can be open to interpretation by law enforcement and immigration officials, rely on a visa lawyer who will stand by them and help them work with authorities on an investigation.

Certificate of Helpfulness

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.” This document, granted by police departments or other law enforcement agencies having responsibility for an investigation, must also be approved by a police officer or other similar government official. Since your ability to stay in the U.S. will depend on the information you give to law enforcement authorities, discuss your situation with a VAWA visa lawyer, who will listen to you and offer expert legal advice on what to do next.  

What if You are Considered Inadmissible?

If you are considered inadmissible by authorities, this means that if it were not for the help you could possibly provide regarding a criminal investigation, you would be barred from entry into the U.S. because of multiple criminal convictions, medical conditions, immigration violations, or other related matters. However, do not automatically assume this means you will be deported by officials. Even if you would otherwise be sent out of the U.S., you can apply for an inadmissibility waiver, which is reviewed on an individual case basis. Depending on your background, authorities may be hesitant in granting you this waiver. To give yourself the best chance of being granted this important waiver, hire a U visa attorney in Los Angeles undocumented immigrants trust for help with these matters, such as David Grey.

Qualifying Family Members

If you are granted a U visa, the good news is that various family members may also benefit by becoming derivative recipients of a U visa. This can include your spouse, parents, unmarried children under age 21, and any of your unmarried siblings who are less than 18 years old. But like it is for yourself, any family members seeking derivative standing must be admissible to the U.S., apply for a waiver of inadmissibility, and have good personal character. Since there can be many different judgments and perceptions by law enforcement and immigration officials regarding who may or may not be granted this unique status, make sure you get legal immigration help to strengthen your case.

The Sooner, the Better

While many undocumented immigrants are understandably hesitant to approach law enforcement after being victimized by criminals, it is nevertheless important to do so as quickly as possible once a crime has been committed against you. Not only will this allow law enforcement to possibly catch the criminal before they are able to hurt anyone else, but it will also increase the chances you will be granted the certificate of helpfulness. The longer you delay contacting law enforcement, the more likely it becomes that you may forget critical aspects of the crime, evidence may be lost, and law enforcement authorities will consider you a less than credible victim. If this happens, you will likely face deportation. Due to the serious consequences that could result from this, immediately hire an attorney for victims of crimes.

Whether you need a T visa lawyer or a VAWA visa lawyer, make sure you contact David Grey at Grey Law as soon as possible. As an attorney immigrants have turned to time after time over the years for the help they need, Grey can listen to you explain your situation, examine the facts, and give you sound advice on what to do next. To get started, schedule your consultation today and talk with our trusted immigration lawyer in Los Angeles.