Baltimore U Visa Case Process

In a U visa case, the first thing an attorney will determine is if the applicant meets the eligibility requirements. The requirements for a U visa include if the applicant was a victim of a qualifying crime, that they suffered physical and/or mental harm due to the crime, and that the applicant was helpful to law enforcement and/or the prosecution.

An attorney will try to determine whether the U visa applicant will be able to obtain Form I-918 Supplement B Certification from law enforcement and decide what documents are available to show the long-term harm that the applicant has suffered because of that crime.

If you qualify for a U visa, reach out to a lawyer who has experience with the Baltimore U visa case process. Let a dedicated U visa lawyer help you with the legal process.

Steps Involved in a U Visa Case

The first step toward a U visa will be to obtain the Form I-918 Supplement B, the Certification Form. After the Certification Form is complete, the Form I-918 Petition for the U nonimmigrant visa and the supporting documentation showing the harm that was suffered, a personal statement, and a waiver, if necessary, is filed.

After the application packet is submitted, the applicant will receive a Receipt Notice, which has the date that USCIS received the U visa application as well as the receipt number connected to that application. A few weeks after that, the applicant will get a notice for biometrics to get their fingerprints taken. The application remains pending until USCIS adjudicates the petition. After the U visa application is approved, the applicant becomes a U visa recipient and receives employment authorization. After being physically present for three years in the United States, the U visa recipient will be able to apply for a Green Card.

How Long Does a U Visa Case Take?

At this time, USCIS is currently adjudicating U visas for conditional approval that have a receipt date on or before January 9, 2015. Therefore, it could be several years for an applicant to get a U visa.

The number of U visa applications that USCIS receives each year, whether the visa cap is reached in a particular year, and how quickly USCIS able to adjudicate the U visa application all affect the timeline for U visa approval. Fortunately, a seasoned lawyer who is knowledgeable about Baltimore U visa cases could help streamline the process.

Facing Deportation While Waiting for Case to be Heard

A U visa applicant can be removed from the U.S. even though the application was submitted. This is because having a pending U visa application does not grant any sort of immigration benefit. An applicant can be ordered removed. Still, they can request that the immigration judge continue the case until USCIS approves the U visa or submit a stay of removal while the U visa case remains pending.

If a person is in removal proceedings, they can apply for a U visa because it is a form of relief under immigration law.

Applying for Cancellation

If a U visa nonimmigrant applicant is eligible for cancellation of removal, then they should apply for cancellation of removal. It is advisable to pursue all forms of relief that are available to someone facing removal/deportation from the United States.

U visas and cancellation of removal are not mutually exclusive to obtain. Cancellation of removal can be obtained for those who have been victims of under the Violence Against Women Act (VAWA). Reach out to an accomplished immigration lawyer for help with applying for cancellation of removal.

Prosecution Discretion

The Department of Homeland Security will take some things into consideration for prosecutorial discretion, like:

  • The likelihood that the U visa applicant will be successful in their petition or any other actions that they are pursuing
  • The anticipated duration of the basis of the administrative closure
  • Any opposition to administrative closure
  • Any delays that may be anticipated because of the administrative closure
  • The ultimate outcome of the applicant of removal proceedings

Contact a Baltimore Lawyer About the U Visa Case Process

An experienced lawyer could help you navigate through the Baltimore U visa case process. If you are applying for a U visa, reach out to a well-versed legal professional who could help you. Call today and set up a consultation.

Baltimore U Visa Lawyer