Victims of Crime in Arlington
Victims of crimes have several types of visas they can receive in the United States. If a victim of a crime cooperates with law enforcement in the investigation of a qualifying crime, they may be able to obtain a U visa. However, victims of crime in Arlington should get in touch with a credible attorney before taking legal action. A lawyer with experience in dealing with U visas could provide you with the appropriate guidance and advice that may lead you towards obtaining a visa. For more information, schedule a consultation today.
Eligibility Requirements Associated For Obtaining a U Visa
There are different types of visas for victims of crime in Arlington. The eligibility requirements associated with a U visa are:
- Being the victim of a qualifying crime
- Cooperating with law enforcement or other government agency in the investigation of the crime
- Suffering substantial mental or physical harm
If a person is not deemed admissible, a waiver would have to be accompanied with the U visa application.
Other Types of Visas
Other visas are available for different crimes. For victims of human trafficking, victims could apply for a T visa. In order to obtain a T visa, victims should be able to provide evidence that they were a victim of human trafficking, they are present in the United States, they assisted or is willing to assist in the investigation of trafficking, and they suffered hardship if they were removed from the United States.
Victims of abuse caused by their U.S. citizen or lawful permanent resident spouse, their parents, or their children could apply for VAWA. Victims of this crime should be able to demonstrate that they have a qualifying relationship to a lawful permanent resident of U.S. citizen, the lawful permanent resident or U.S. citizen is abusive or cruel, they lived with the abuser, and they are a person of good moral character.
Qualifying Criminal Activities for a U Visa
Some of the qualifying criminal activities that make a person eligible for U nonimmigrant visas are forced prostitution, rape, sexual assault, sexual exploitation, extortion, domestic violence, being held hostage, felonious assault, kidnapping, involuntary servitude, stalking, and blackmail. Abduction could also be considered a qualifying criminal activity.
Options for Ineligible Applications
If a person is ineligible for a U visa, other forms of relief are available. However, applications are taken on a case-by-case basis because all applicants are different. A consultation with an attorney to see what other forms of relief are available is always helpful.
If a person is denied a U visa, they should not be afraid of being placed in deportation proceedings because they are there to assist law enforcement. If someone is a battered spouse or child, their options are to reapply for the U visa or appeal the denial to the administrative appeals office. If the abuser is a U.S. citizen or lawful permanent resident then the spouse or child can pursue a VAWA self-petition.
Difference Between a U Visa and Asylum Protection
The difference between a U visa and asylum protection is that a U visa is a nonimmigrant visa available to someone who has been a victim of a qualifying crime that either violated US laws or occurred in the United States, and they have helped law enforcement or prosecution in investigating or prosecuting the crime, among other requirements.
Typically, an asylum applicant is someone who has a well-founded fear of returning to their country because of past or fear of future persecution because of their particular social group, religion, race, nationality, or political opinion. Typically, the asylum applicant is not able to relocate internally in their country of origin and are unable to be protected by their government.
Importance of Hiring a U Visa Attorney in Arlington
For victims of crime in Arlington seeking legal status, it is important to have adequate legal counsel at your side. Having an attorney eases the burden of applying by helping to complete the forms needed to be submitted. They can draft requests for certain certifications and obtain evidence to show that you were a victim of a qualifying crime. Personal statements also need to be submitted. An attorney could provide you with assistance in drafting personal statements and submitting waivers. If you believe you could benefit from such help, schedule a consultation today.