U Visa Lawyers

Personal Injury Services

Apply for a U visa

Congress created the U nonimmigrant visa, or simply the “U visa,” in 2000 to protect noncitizen victims, regardless of their immigration status, and encourage them to cooperate with law enforcement. Unfortunately, there is a limit of 10,000 U visas available per fiscal year. Hiring an experienced immigration attorney can help ensure your application is approved.

To qualify for a U visa, you must:

has suffered substantial physical or mental abuse as a result of being a victim of “qualified criminal activity”;
possess credible and reliable information about the “qualified criminal activity”;
cooperate with law enforcement officials in the investigation and/or prosecution of “qualified criminal activity”; and
have been living in the United States, since the “qualifying criminal activity” must have occurred in the United States.

Are you a victim?

You can qualify as a victim for the purposes of a U visa in two ways:

A DIRECT victim is a person who has suffered direct harm as a result of “qualified criminal activity.”
An indirect victim is a family member where the direct victim of the “qualifying criminal activity” is deceased (as in murder cases), incapacitated, or incompetent. If the direct victim was under 21 years of age at the time of the crime, then their spouse, unmarried children under 21, parents, and/or siblings under 18 qualify as indirect victims.

Even if you are undocumented, have worked in the United States without permission, have used false documents, or have had a prior deportation order, you may still qualify for a U visa. Contact our immigration attorneys at Big River Trial Attorneys for a consultation to see if you or your loved one qualify as a victim.

What is “qualified criminal activity”?

Congress has provided a list of offenses that violate federal, state, or local criminal laws. These offenses include, but are not limited to:

Blackmail
Domestic violence
Extortion
Kidnapping
Murder
Rape
Sexual assault
Torture

What qualifies as “substantial physical or mental abuse”?

To obtain a U visa, you must prove that you suffered harm as a victim of a crime. The harm can be physical, psychological, or both.

U.S. Citizenship and Immigration Services (USCIS) will consider several factors, including:

the type and severity of the injury,
the duration of the infliction of harm, and any permanent or serious damage to the victim’s appearance, health, physical or mental soundness, etc.
To prove your injury, you must gather relevant documents, including:
police reports,
protection orders,
medical records,
psychological evaluations,
photographs of visible injuries, and
sworn statements from people who personally know how the crime has affected you.

What should be sent to immigration?

A U visa applicant must submit Form I-918 and accompanying documents to USCIS. The application must contain five (5) essential elements:

A completed Form I-918;
Your notarized affidavit describing what the “qualifying criminal activity” is, what relevant information you have regarding substantial physical or mental abuse of the victim and other details of the crime, and how you are cooperating/have cooperated/will cooperate with law enforcement authorities;
any additional evidence that demonstrates that you are a victim;
an I-192 waiver pursuant to INA §212(d)(14) and 8 CFR §212.17 if inadmissible; and
a completed Form I-918 Supplement B signed by a certifying officer within 6 months of filing the petition.

What is an exemption and why do I need one?

The Form I-192 waiver is necessary in cases where you are inadmissible. You may be deemed inadmissible for a variety of reasons; for example, if you:

were convicted for criminal and related reasons,
have illegal presence,
have used fraudulent documents,
are a public charge (i.e., on public benefits),
falsely claimed U.S. citizenship, or
had a prior removal order.

The standard for the waiver is that it will be approved if it is “in the national or public interest.” Therefore, the waiver will not be automatically denied if you are undocumented. Congress created the U visa to protect the most vulnerable victims of crime, including undocumented immigrants. Therefore, the U visa is intended to encourage community policing and greater access to justice.

If your application requires an I-192 waiver, our immigration attorneys will work with you to ensure USCIS understands your unique situation.

What is a law enforcement certification and why do I need it?

The biggest challenge in the U visa application process is obtaining Supplement B certification from a certifying official. Certifying officials include federal, state, or local police, prosecutors, judges, and even child protective services.

This process can be very complicated and time-consuming. Big River Trial Attorneys will advocate on your behalf to obtain certification and work with you to ensure USCIS receives the most complete application package possible to improve your chances of success.

What do you get if your U visa application is granted?

If your U visa application is approved, you will receive several benefits, including:

nonimmigrant U visa status for four (4) years;
employment authorization (i.e., a work permit) for four (4) years;
If you are in immigration court proceedings, any pending order of removal, deportation, or exclusion will be deemed canceled by operation of law; and
You may apply for lawful permanent residence (i.e., a green card) after three (3) years from the date you were granted the U visa.

How can we help?

If you or someone you know has been the victim of a crime, is afraid to report the crime because of your immigration status, and lives in the Baton Rouge area, contact the law firm of Big River Trial Attorneys for help. Attorney Messer and his team have many years of experience guiding countless families through the immigration process. They understand what you are going through and are eager to help you. Call us at (225) 963-9638 today to schedule an immigration consultation.

CONTACT A CRIMINAL DEFENSE ATTORNEY TODAY

In order to file your claim on time, you need to contact an attorney quickly! In the State of Louisiana, there is a time limit within which you can file a lawsuit, or you will not be able to obtain compensation. Therefore, we encourage you to contact the Baton Rouge office of Big River Trial Attorneys today. Simply call (225) 963-9638 for a free, no-obligation evaluation. We only get paid if we settle or win your case!

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