Victims of crimes in the United States are afforded the opportunity to obtain legal status if they have helped law enforcement with the investigation of a specific criminal offense. If they can demonstrate that they were indeed the victim of a crime and provided valuable assistance to law enforcement, they could be granted legal status in hopes of one day obtaining lawful permanent status in the near future. However, the U visa application process in Doraville could prove difficult to navigate through without the help of a skilled attorney.
Is it Possible for Someone to Apply for a U Visa from Outside the US?
For applicants applying for a U visa from outside of the country, the process nearing the end could be a bit different than that of an applicant from within the United States. Once a U visa gets approved, the biggest difference between someone in the United States versus someone outside is that the person inside the United States will receive a letter indicating their U visa status and that it is valid for a four-year period. They would also receive a work permit that indicates that they have U visa status. Individuals applying from outside of the US would receive the same approval letter, but they would not receive a work permit.
An individual applying outside the US would also have to undergo the consular process at the consulate in the county where they reside. They would have to schedule an appointment with the consular officers that Homeland Security has approved them for the U visa in order to get their passport stamped with a U visa indication. Once the applicant enters the United States, they could then apply for a work permit.
What Type of Testimony is Needed for a U Visa Application?
In this instance is where an attorney could be of great assistance. A lawyer understands the purpose of this testimony and who will be reading it. As a result, an attorney could provide the applicant with great insight about the details they should include in their testimony and how to explain the situation that led them to applying for a U visa. For individuals who only suffered emotional trauma with minimal physical harm, they are encouraged to undergo a psychological evaluation. The purpose of this evaluation is to demonstrate the level of emotional hardship as a result of being a victim of a crime. An attorney cannot be responsible for delivering this assessment, but they could put applicants in touch with licensed psychiatrists who are qualified to make this type of judgment.
Requirements of a Criminal Conviction
Although there is no requirement of a criminal conviction, there is requirement to be helpful and cooperate with law enforcement during the investigation of a criminal offense. The minimum conduct that a victim must do in order to show helpfulness or cooperation is to pick up the phone and call 911 and report the crime. If they are not the person that picks up the phone and call 911 and somebody else does, then they at least need to answer the officer’s questions when they show up to the scene of the incident. As long as the crime has been reported, and as long as they have been helpful, it is not required that the suspect be arrested, that the suspect the identified, that the suspect be prosecuted, or that the suspect actually plead guilty or be convicted of the crime.
Can a Person with a Criminal Past Apply for a U Visa?
When a person applies for a U visa, they could also apply for a waiver of inadmissibility. Inadmissibility is a term used to describe all the reasons why Homeland Security would not admit or allow someone to enter the United States lawfully. People who have been in the United States for many years undocumented, who have a deportation order, or who have been arrested and convicted of a crime themselves must explain those reasons on the waiver of inadmissibility and why they should be allowed to remain in the United States and to receive this benefit.
Contact an Attorney for Assistance
Before getting started with the U visa application process in Doraville, it is wise to get in touch with knowledgeable immigration attorneys to avoid making any crucial mistakes early on that would delay your application for this type of visa. To learn more about how our professional attorneys could be of assistance to your case, schedule a consultation today to begin reviewing your circumstances.