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Crime victims often face a difficult choice when it comes to reporting the offense to the authorities. In addition to the challenges that every person deals with, some immigrants are also at risk of harming their own immigration status in the process. The federal government adopted U visas to provide those without legal status in this country protection when they help the police solve major crimes.
A person who is victimized could secure legal status in this country when they assist the police in pursuing the offender. While the U visa application process in Atlanta can be difficult to follow alone, a seasoned U-visa attorney might be able to help.
A critical aspect of an immigrant in Atlanta applying for a U visa is meeting the eligibility requirements for the process. Only certain individuals are eligible for these protections, but an attorney could help determine if these elements are met.
First, a person applying for this type of visa must be the victim of certain serious crimes. Not every offense qualifies, as minor charges like misdemeanors will not count. Some examples include victims of kidnapping, trafficking, or assault with a deadly weapon. It is helpful to remember that there is no requirement for a person to suffer physical harm during the commission of the crime.
Second, a U visa will only be available to an immigrant that agrees to assist in the prosecution of an offender. Meeting this requirement means more than notifying the police that a crime occurred. It includes taking the steps needed to help the state pursue a conviction, which might include testifying in court.
Once it is clear all eligibility requirements have been met, the formal Atlanta U visa application process starts with the filing of important documentation. This includes Form I-918, which is commonly known as the Petition for U Non-Immigrant Status. In addition to the form itself, applicants should also include all necessary supporting documentation.
This additional evidence is required to prove an immigrant qualifies for a U visa. The most important thing to establish is the commission of a serious crime. There is also a filing fee that must be covered before the federal government will review the file.
Once the petition has been filed, it is time to wait for a final decision. If the request is granted, the immigrant is no longer at risk of deportation or removal from the country. However, it is important to speak to an Atlanta attorney to understand what these U visas do—and what they don’t — when in the application process.
This program is not intended to be a permanent answer for the victims of crime. Visas expire after four years, making it important for an immigrant to make other arrangements during that time. The good news is that it is possible to apply for and secure a green card during that time. Once they become a lawful permanent resident, they have a path to citizenship and the ability to remain in the U.S. indefinitely.
One of the most important actions you can take is having a discussion with legal counsel about your options. Obtaining the protections of a U visa might not be easy to come by, but the right attorney could help you navigate the system. Call today to learn more about the U visa application process in Atlanta.