U-Visa Process Explained

Gathering a U-Visa has proven to be complicated, nerve wracking, and tiring. Yet it is doable to do whether independently or with an immigration attorney that can support you through it all. Within this article we will be going over what a U-Visa is, how to acquire one, and other things involved to help your process.

Origins and Purpose of the U-Visa

For survivors of violent crimes within different countries seeking a safe home, a U-Visa can be a lifeline and help you secure that haven.

I keep hearing the phrase “U-Visa”, but what does it exactly mean and how can it help me? The U-Visa was created in the year 2000 with the goal of stopping crime. This visa was created for the non-immigrants who are victims of crimes and are too scared to speak up against their perpetrators due to the fear of deportation or retaliation. The visa created an incentive which was, help law enforcement in return for getting back on track towards legal status. This pathway encourages victims to speak up about their crimes without fear or deportation which ultimately creates collaboration among non-immigrant victims and law enforcement.

Navigating Application Process

First, you will need to gather the crucial documents. Think of Form I-918 as your golden ticket. You need this to get further in the process. But that is not all; you also need Supplement B to vouch for your credibility.

·       Form I-918: Need this one no matter what. It tells your story and determines your approval.

·       Supplement B: The document that proves law enforcement backs up your claim.

·       Form I-192: Serves as a waiver of inadmissibility for cases with inadmissibility issues.

·       Personal statement regarding what happened and how it affected you.

·       Any other relevant legal documents: Forensic Health Evaluation (Mental Wellness), Identification.

Eligibility Criteria

To be eligible for the lifeline you need to fit the definition of ‘victim’ to be considered for aid.

To be considered a victim you must:

1.       Have suffered significant physical or mental abuse from a crime for which you are a victim of.

2.       Possess any information regarding the crime.

3.       Show them that you are willing to help and assist law enforcement or government officials in investigating or prosecuting the crime.

4.       Be admissible to the United States under current immigration laws. After receiving and possessing the right documents along with being defined as a victim of a crime the next step awaits you, waiting. Waiting is the harder part of the process because this is where people either find themselves zipping through to the visa or getting stuck in dead ends and pit falls.

Why Processing Times Vary

One of the major issues regarding going down these paths is the issue of time. Many of these pathways take a measurable amount of time due to various reasons:

·       Number of Applications: Sometimes there are many people trying to apply which causes processing to slow down.

·       Your Paperwork: Completing paperwork can create a smoother process.

·       The Complexity of Your Case: Some cases need more work which takes time. Every piece of the case matters.

Understanding the Annual Cap

The annual cap is a limit to the number of U-Visas that are accepted each year. Currently, the annual cap is set at 10,000 visas each year.

What does this mean?

·       If you fall short when the 10,000 fills up, then you will have to wait even longer.

·       The limit does not apply if you have the visa and aiming towards some sort of permanent residency

Getting Work Authorization Before Approval

While you wait for the U-Visa approval, you can achieve work authorization. Here is how it works. There is something called a bona fide determination, it could be your way to be working in the United States before your visa. A bone fide determination happens when USCIS looks at your application and deems it reliable and legit. Once they check off all the boxes, which includes proof of criminal impact, cooperation with law, etc., then you will be a bona fide. A bona fide determination is a step forward because it allows you to apply for the work permit. Next, to achieve a working status, you need:

·       A properly filed Form I-918, personal statements, and any other documentation you think you might need to help you get your visa

·       Signed certification from relevant law enforcement agency. This proves you have been helpful or likely to be helpful.

·       Evidence of significant harm due to crime victimization

A proactive approach is your best bet towards securing a work authorization through obtaining a bona fide determination. This can help you pave your new future and rebuild your lives post trauma.

 

The Role of Legal Assistance in the U Visa Process

A good immigration attorney in your corner has proven to be exponentially beneficial as they help with the complex pathways, tricky paperwork, and tell you if you are eligible for this visa or even a different pathway. With an immigration attorney, they can make the process go faster, as they know what to avoid. They also can provide different resources to help your transition into the United States. With the proper guidance from an immigration attorney the process becomes more simplified and the goal of achieving the visa becomes more seeable.

Preparing for Potential Delays and Stay Informed

Be proactive with your case. Being informed as well as watching the process of your case will only speed things up. Some things you can do that count as being proactive include:

·       Checking your case as a habit

·       Double check your paperwork

·       Form I-918 and Supplement B are signed

Conclusion

The journey to achieve a U-visa is a marathon and not a sprint. There will be obstacles along the way, but with the virtue of patience and a strong work ethic you will be setting yourself up with success. This path is not for the faint-hearted, but it is worth it because it creates a new beginning that many people are constantly looking for. Every little, small step from filling out documents to talking to immigration lawyers or investigators to even the waiting process, brings you one step closer to the visa and potentially legal residency.

References

2024. Visa U Process Time Explained. Pro Se Pro. https://www.prosepro.co/articles/visa-u-process-time