Anne Arundel County U Visa Case Process
U visas are nonimmigrant visas available for victims of crimes. This visa allows individuals to be allowed into the United States when they may otherwise not have the ability.
For help with the Anne Arundel County U visa case process, reach out to an experienced attorney today. A dedicated U visa lawyer could advocate for you and help you during the legal process. Call today and set up a consultation.
Steps Involved in a U Visa Case
There are several steps involved with the U visa case process in Anne Arundel County, like elsewhere in the country. First, the applicant must complete Form I-918, which is the petition for the U nonimmigrant visa. To obtain certification, Form I-918, Supplement B must be submitted along with any supporting documents that show the applicant for the U visa is a victim of a qualifying crime and the mental and/or physical harm they suffered. The applicant needs to submit a personal statement along with their U visa application and submit Form I-912, the application for advance permission to enter as a nonimmigrant if they face inadmissibility grounds and are seeking to waive it.
After the U visa application is submitted, the applicant gets a receipt notice that shows the USCIS received the application and the date the application was received. After a few weeks, the individual receives a biometrics notice that tells them where to have their fingerprints taken. At that point, the application remains pending while the USCIS adjudicates the application.
Once the application is approved, the U visa holder receives employment authorization. After the U visa holder is physically present in the United States for three years under U Visa status, they can apply to become a lawful permanent resident.
How Long Does it Take to Get a U Visa?
According to uscis.gov, the USCIS is currently processing applications that have a receipt date on or before November 3, 2014. This means it can take approximately four years at this rate to receive approval.
The number of U visa applications sent to USCIS and whether the U visa cap is reached impacts the timeline of a U visa case. These factors affect how quickly USCIS is able to adjudicate the applications and that can change the approximate time for adjudication.
Facing Deportation While Waiting for U Visa Case
If the applicant is currently in removal proceedings, it is possible to send a motion to administratively close proceedings while the U visa application is pending. This means that the individual does not need to attend their immigration court hearing for the time being while a case is closed. However, due to the current immigration climate, it is not likely that the Department of Homeland Security will agree to administratively close the case to allow the USCIS to adjudicate the visa application. This means removal proceedings will go forward.
If proceedings go forward, the applicant can be ordered removed from the United States even with a pending U visa application. The U visa applicant may submit a stay of removal to the Board of Immigration Appeals, but a U visa applicant can still be removed from the United States. Having a pending U visa application does not grant any form of status, and that is imperative to know. However, if a person is removed or their U visa application is granted, the U visa applicant can go through the consular processing after it is granted and re-enter the U.S.
What an Anne Arundel County Attorney Looks for in a U Visa Case
To begin the Anne Arundel County U visa case process, an attorney will look to see if the applicant is a victim of a qualifying crime, is helpful or willing to be helpful to law enforcement, suffered significant harm as a result of the crime, and is otherwise admissible to the United States.
The lawyer hopes to identify whether the person who wants to apply for a U visa meets the basic criteria for the U visa. If you do qualify, an attorney could walk you through the process and help you obtain a U visa.