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If you were the victim of violent crime and want to seek protection here in the United States, you likely have options for doing so. For instance, an immigration permit known as a U visa could offer you the safety you deserve.
Applying for a U visa in Montgomery can be a tedious process, especially if you work without a legal representative or have little experience dealing with the U.S. immigration system. Thankfully, a knowledgeable U visa attorney could oversee your application, answer questions, and help resolve any complications that arise.
Any person in or outside of the United States who has been a victim of a crime and meets all of the other requirements can apply for a U nonimmigrant status by submitting application I-918 and I-918 B to United States Citizenship and Immigration Services (USCIS). Form I-918 is the actual application for U visa, and a completed and signed form I-918 B is a necessary certification that the local law enforcement agency will sign, confirming that the applicant was a victim of crime and that they actively aided the ongoing investigation. If a U Visa applicant submits form I-918 by itself without a completed and signed I-918 B, their case will most likely be denied.
Meanwhile, someone applying for a U visa also needs to include form I-192, which is the application for inadmissibility. This document essentially serves as the foreign national’s petition asking for forgiveness of any violations of immigration or criminal law. Their I-192 must be approved in order for USCIS to grant their U visa application.
If a potential immigrant is confused about which documents they need to submit when applying for a U visa, an intelligent Montgomery attorney could help them compile the right forms.
Generally speaking, being inadmissible to the United States would be one of the main things that would prevent someone from applying for a U visa permit.
For example, having a criminal record is one of the largest barriers to entry. Offenses that would render an applicant inadmissible to the United States include being convicted of a crime involving moral turpitude (CIMT), domestic violence, other crimes of violence, crimes against children, drug related offenses, and fraud. Furthermore, immigration violations such as entering without inspection, being present in the United States for more than one year without status, fraud/material misrepresentation to procure an immigration benefit and failing to exit the United States after being granted voluntary departure are some examples of immigration violations that makes someone inadmissible.
As previously mentioned, a U visa applicant could challenge inadmissibility by including the right documents in their petition. A dedicated lawyer in Montgomery could help someone determine whether they might face inadmissibility in the first place.
Once a potential U visa recipient submits their request to the law enforcement agency and signs their form I-918 B, our firm recommends a few important actions for keeping their case on track.
First, the applicant should make sure they pinpoint the certifying officer within the law enforcement agency. Typically, there are one or two officers who are responsible for all I-918 B requests, and they want to make sure that they provide their requests to that person directly.
Additionally, the foreign national might want to communicate with the certifying officer and have a reasonable expectation of how long it will take him/her to review their request and sign it. They should follow up every few weeks with the certifying officer to ensure that they’re reviewing their request and to verify that they don’t have any questions or information that the certifying officer need from them to sign the request. Regularly checking in with these officials might be what a case needs to succeed. A Montgomery attorney could help with all these final stages of the U visa application process.
If you try to apply for a U visa in Montgomery without guidance or knowledge about the process, you might struggle to account for all the necessary parts. This could impact your chances of receiving the immigration protection you deserve.
To learn more about how a knowledgeable legal team member could help you get started, reach out to our office today.