U Visa Application Process in Arlington
The first things to look for in a U visa case are whether the applicant was a victim of a qualifying crime, was helpful to law enforcement and prosecutors, and whether the applicant suffered mental and physical harm as a result of the qualifying crime. If you have been victimized by a crime and are willing to help the authorities, consult with a lawyer about the U visa application process in Arlington. A dedicated U visa attorney could guide you throughout the case process to help you reach a positive outcome. Call today to set up a consultation.
Submitting U Visa Applications
The U Visa application process in Arlington begins with submitting an application. The application contains the nonimmigrant petition, status certification, and supporting documentation that shows the applicant was a victim of a qualifying crime. The application must also include a personal statement providing details of the incident and an elaboration on any mental or physical suffering the applicant has suffered because of it. If the individual needs an inadmissibility waiver, they will need to apply for advance permission to enter as a nonimmigrant.
After the petition is submitted, the applicant will get a receipt notice from the United States Citizenship and Immigration Services (USCIS) and the date it was received. Later, the individual will receive by mail the biometrics notice that will tell them to get fingerprinted and where to get it done. After this, the person has to wait until the petition is approved. When a person is approved and has been present in the U.S. for three years, the U visa applicant would then be able to apply to become a lawful permanent resident.
Timeline of the U Visa Application
The U visa application process in Arlington is a long procedure that can take several years. As recently as mid-2018, the USCIS was processing U visa applications that were submitted in November 2014. One of the things that impact the timeline of a U visa case is the number of applications that are being received. There is a cap on the number of applications that are accepted each year, therefore, if an application is submitted after the cap is reached, it will take that much longer for it to be processed.
Should an Applicant be Concerned About Facing Deportation?
Having a pending U visa application does not grant the applicant any immigration benefits, so if an application is in deportation or removal proceedings, the individual or their immigration attorney could request that the Department of Homeland Security (DHS) join a motion to close their case administratively while they are waiting for adjudication of their U visa petition. Recently, however, the DHS has been less willing than they were previously in closing these types of cases. If the U visa applicant has already been ordered to be removed, they can submit a request for a Stay of Removal, and if granted, the removal is placed on hold. If not granted, then the applicant can still be ordered to be removed from the U.S. while their application is pending. If the applicant was already removed, the U visa application remains in the process.
Eligibility for Cancellation of Removal
If someone is eligible for Cancellation of Removal, they should apply for it. An individual should try to obtain any relief available to them if they qualify. It is important to know that a U visa application and a Cancellation of Removal application can be pending at the same time. The Cancellation of Removal can only be submitted while in removal proceedings and can be obtained for those who have been victims of qualifying crime under the Violence Against Women Act.
How an Attorney Could Help With the U Visa Application Process in Arlington
During the U Visa application process in Arlington, the lawyer is hoping to identify all of the supporting documentation that would help the applicant be approved. The applicant must cover all of the bases to ensure that the certification form will be signed by local law enforcement or prosecutors and an attorney could help make that happen. For more information about how a lawyer could help you, call today.