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An immigrant in the United States who is the victim of a crime can find themselves in a difficult spot. Pursuing justice means working with the police to hold the offender accountable, which could be risky for someone without legal status in this country. To address this issue, the federal government has adopted something known as a U visa.
This program allows a crime victim to remain in the country and potentially earn a green card if they work with law enforcement to pursue a conviction. While this system can be difficult to navigate, an Atlanta U visa lawyer might be able to help. Let one of our dedicated visa attorneys help you understand your rights and opportunities under the law.
Only specific immigrants qualify for the protections of a U visa. This program exists to encourage immigrants to help the police investigate criminal behavior and ultimately prosecute the offenders. For that reason, an applicant must meet two important qualifications. An attorney in Atlanta could assist with each of these elements of the U visa application process.
First, an applicant must be a victim of qualifying criminal activity. This is limited to serious criminal offenses, meaning a person dealing with a hit-and-run accident or a minor theft case will not qualify. Some examples of these offenses include rape, stalking, and kidnapping. Conspiracies or attempts to commit these serious offenses also count.
Second, an applicant must provide information to and cooperate with law enforcement when they investigate the offense. This goes beyond reporting a crime or informing the police of what occurred. These parties must be helpful to the prosecution, which could involve testifying at trial.
While this program protects immigrants who have been victimized from deportation and removal, they do not grant applicants lawful permanent residency in the United States. In fact, the four-year time limit will only be extended if the prosecution of the case is ongoing.
Although the U visa expires, that does not mean the applicant will eventually have to leave the country. Anyone whose petition is approved could file for lawful permanent resident status. A U visa lawyer in Atlanta could assist with securing a green card.
Anyone in Atlanta pursuing the U Visa program must inquire with their attorney about the unique privacy protections that could help prevent retaliation. Applicants enjoy confidentiality while working with the police, which is designed to prevent them from facing the risk of harm at the hands of the perpetrator of the underlying crime.
Additional protections are in place related to an applicant’s immigration case. When United States Citizenship and Immigration Services (USCIS) reviews an application, they cannot deny a U visa based solely on information provided by the alleged perpetrator.
The federal government also faces strict limits on how they share information about a person taking advantage of this program. Outside of limited circumstances, they are barred from sharing any details about applicants with third parties.
Victims of serious crimes have enough to deal with outside of facing the prospect of deportation or removal from this country. To protect them, the federal government has adopted a system that awards nonimmigrant visas that come with the potential for lawful permanent residency. Contact an Atlanta U visa lawyer as soon as possible to learn more.