Victims of Crimes in Alexandria U Visa Cases
If you have suffered as a victim of a crime on US soil or a crime that violates US law, know that there are ways to solve your case safely without fearing negative immigration consequences. Attaining a U visa can ensure that an individual can stay in the US while their crime is being solved, as well as receiving work authorization during its four-year duration.
In the third year, an individual can also apply for a green card as well. Read the following information to learn more about options for victims of crimes in the US, as well as the benefits of retaining a distinguished Virginia immigration attorney to help with your case.
Types of Visas Victims of Crimes Can Receive
Individuals who are the victims of crimes in Alexandria U visa cases are eligible for three visas (and one other benefit):
- U Visas for victims of serious crimes
- T Visas for victims of human trafficking
- VAWA self Petitions for abused spouses, parents, and children of US citizens and permanent residents
- Cancellation of removal under VAWA
When an individual is a victim of a crime, the first step in obtaining a visa is determining the kind of crime that was committed against the applicant. This will affect the possible types of visas an individual can apply for. There is a list of crimes listed for U visas at the USCIS.gov website.
Eligibility Requirements
The approval process for victims of crimes in Alexandria U visa cases may take many years as the USCIS is currently processing applications for conditional approval for U visa applications submitted in August of 2014. Read the qualifying information below to learn more about eligibility for U and T visas.
It is significant to know that even if an individual is ineligible for either of these visas, other forms of relief may be available to victims of crimes in Alexandria U visa cases depending on their circumstances. The individual’s immigration history, family relationships, the current political climate of the US, their country of origin, and whether the individual is in removal proceedings will determine whether there are other forms of relief available. Determining eligibility for other relief can be expedited with the assistance of a lawyer.
U Visas vs T Visas
For U Visas, the applicant must have been the victim of a qualifying crime who has suffered substantial harm as a result of this crime. They must have assisted law enforcement or be willing to assist law enforcement if the criminal investigation is ongoing, and they must also be admissible to the US.
For T Visas, the applicant has to be the victim of human trafficking who currently resides in the US. They must have assisted law enforcement or be willing to assist law enforcement if the criminal investigation is ongoing, and they must also be admissible to the US. They also need to be able to show that they would suffer extreme hardship involving unusual and severe harm if removed from the US as well.
What is Asylum Protection?
Asylum protection is sought when the applicant fears to return to their country of origin based upon past prosecution and/or a well-founded fear of future prosecution on account of their nationality, race, religion, political opinion, or particular social group.
The applicant must not be able to avail their self to the protection of the country of origin and internal relocation must not be possible. A U visa is for someone who is the victim of a crime that occurred in the United States or violates US law, helps law enforcement, and suffered substantial harm as a result of the crime.
There should be no fear of being placed in deportation removal proceedings when applying for a U visa if the individual is not already facing removal because the purpose of the U visa is to assist with the investigation of crimes without fear of immigration consequences. If an individual or their child’s application is denied, the denial may be appealed to the Administrative Appeals Office (AAO), or the applicant may choose to reapply for the benefit.
Role of a Professional Attorney in Helping Victims of Crimes in Alexandria U Visa Cases
A skilled attorney can assist in drafting requests for certifications, completing necessary forms, procuring evidence that demonstrates harm, and obtaining other evidence of the crime such as police reports or newspaper articles. They can also assist in drafting the personal statement and can determine whether a waiver is required in the interest of discretion for granting the U Visa. If you have suffered as the victim of a crime on US soil, reach out to a lawyer today to assistant in your U visa application.