Being harmed by someone, whether mentally or physically, can be an incredibly traumatic experience. Sometimes a person may feel that they can no longer stay where they were living and need to move for their safety. In other cases, a person may have been brought to the United States against their will, but want to stay in the country.
The U nonimmigrant status visa, commonly called the U-visa, is set aside for victims of crimes like these. However, there are several steps to demonstrate eligibility for this visa, and it will not be available to everyone just because they were the victim of criminal activity. The role of an attorney during the U-visa process in Mesa is to explain the eligibility requirements and help victims through the application process.
What Is the U Visa?
The U visa was created by legislation with the intent to give law enforcement agencies more power to investigate criminal cases involving domestic violence, sexual assault, rape, sex trafficking, and other related crimes. The U visa helps protect victims of these crimes who have been through significant mental or physical abuse and who are willing to provide information or otherwise assist law enforcement authorities with ongoing investigations or in prosecuting criminals. Many victims in Mesa may be intimidated by the idea of assisting these investigations, but others are highly motivated not only by the prospect of the U visa, but by the idea that they can reclaim control of their lives by obtaining justice.
Eligibility for a U Visa
Not all victims of crimes are eligible for a U visa in Arizona. First, a person must be the victim of a qualifying criminal activity. For a U Visa, sexual or physical trauma is typically required. A person who was a victim of a theft, for example, would likely not be eligible for this visa without other support. Also, the crime must have occurred in the United States or violated U.S. laws.
Second, the victim must have suffered substantial physical or mental abuse because of the criminal activity. This can be a subjective standard because everyone experiences trauma differently. An attorney experienced with U visas can help victims in Mesa explain their trauma to demonstrate why they should be considered eligible.
Next, victims must have information about the criminal activity that they suffered, and they have helped or are willing to help law enforcement in investigating or prosecuting the crime. If the victim is a child under the age of 16 or a person with special needs, another person like a parent or guardian may be able to provide qualifying information or assistance with the investigation or prosecution instead.
Finally, U visa applicants must be admissible to the United States. If an applicant is not admissible, a waiver may be available. This waiver is requested using Form I-192, Application for Advance Permission to Enter as a Nonimmigrant, and USCIS evaluates these requests under a “national or public interest” standard. Nearly all grounds of inadmissibility can be waived for U visa applicants, with only a narrow set of exceptions related to the most serious offenses, such as those involving genocide or torture. An experienced attorney can help immigrants understand whether they are admissible or not. If they are not, then it is possible for the attorney to help them apply for a waiver for this requirement.
Will Applying Put You or Your Family at Risk?
Federal law includes confidentiality protections for U-visa applicants. These protections generally prohibit immigration officials from disclosing your application to the person who harmed you and from using information provided solely by that person to make adverse decisions in your case. These protections are meaningful, though how they apply can vary by situation, so it’s worth discussing your specific concerns directly with an attorney.
Frequently Asked Questions
What crimes qualify for a U visa?
Crimes involving significant physical or mental abuse, such as domestic violence, sexual assault, or trafficking, generally qualify. Property crimes like simple theft typically do not, on their own.
How long does the U visa process take?
Because of the annual cap on approvals, many cases face a significant wait. An attorney can discuss current timelines and whether a bona fide determination may apply to your case.
Can I still qualify if I’m not admissible to the U.S.?
Possibly. A waiver is available for nearly all grounds of inadmissibility for U visa applicants, filed using Form I-192.
Contact Our Attorneys for Help Navigating the U Visa Process in Mesa
Victims who have suffered because of criminal abuse have been through enough difficulties on their own. If you or a loved one is in this position and wants to obtain a U visa, then you need a trusted legal team who can support you and assist you on your immigration journey.
At Solano Law Firm, our lawyers understand the role of an attorney during the U visa process in Mesa. Our team understands how immigration applications operate in Arizona and can help victims understand how to apply and respond during each step of the process. If you need immigration help, contact us today.
