DC LGBTQ U Visa Lawyer
A U visa is a visa that is offered to those who have been the victims of a qualifying crime. LGBTQ individuals may also qualify for this visa if they could prove that they were the victim of a qualifying crime. However, in order to effectively meet all the requirements for a U visa, it is important to work with an attorney who has experience in this area. A DC LGBTQ U visa lawyer is waiting and ready to help you achieve a favorable outcome. To get started on a case, schedule consultation today.
Qualifying Crimes for a U Visa in DC
In order to determine if the applicant was a victim of a qualifying crime, a person should go to www.uscis.gov and read the full list of qualifying crimes. Not only does the applicant need to be the victim of a qualifying crime, but they must also assist law enforcement and/or prosecution in the investigation and/or prosecution of the crime that occurred. Additionally, the applicant must have suffered long term effects as a result of being victimized. Examples of potentially qualifying crimes are:
- Felonious assault
- Blackmail
- Rape
- Murder
Proving Victimization of a Qualifying Crime
For a U visa, the person must report the crime to the police or assist in the prosecution of that crime. Unlike VAWA, which can go unreported to the authorities, a U visa requires the person to obtain a record of what occurred. If someone was, for example, a victim of a felonious assault, the police report will state that fact and the prosecution can attest to their assistance in the case.
Does Entering the Country Illegally Affect a U Visa Application?
If an LGBTQ individual or a heterosexual person entered the United States unlawfully, that does not preclude them from applying for a U visa. The difference between those who entered lawfully and those who entered unlawfully is that the unlawful entrants will have to submit a waiver requesting that the U.S. government forgive their method of entry and process the U visa application. That form to request a waiver is Form I-192, Application for Advance Permission to Enter as a Nonimmigrant. Once they are granted that permission, they can remain in the United States and obtain the U visa.
Role of Law Enforcement in U Visa Qualifications
The Form I-918 Supplement B has to be signed law enforcement or prosecution showing that the U visa applicant did assist the law enforcement or prosecution in the investigation and/or prosecution of the crime that occurred, and that they were useful and did not hold back any information from law enforcement or prosecution.
If someone is applying for a U visa, it is crucial for them to obtain the police report from law enforcement because that will show that law enforcement was involved and investigated the crime.
Qualifying as a Victim of LGBTQ Hate Crimes
If an LGBTQ noncitizen was a victim of a hate crime, depending on the crime that occurred, then may be able to apply for a U visa, or VAWA if it occurred as a result of their U.S. citizen spouse. If the hate crime included a trafficking component, then it is likely that they can apply for a U or a T visa. For those who have been victims of a hate crime and are trying to determine if there is some form of relief available to them, they should contact an immigration attorney who can assist them in determining the best course of action.
Contact a DC LGBTQ U Visa Attorney Today
An immigration attorney could help in a variety of ways. A lawyer could help with obtaining documents evidencing the crime, preparing a detailed statement of the trauma you suffered, discerning the nature of a crime, and acquiring police reports or court documents if the case was forwarded to the district attorney’s office. If you are outside of the United States, a lawyer could coordinate with your family to forward necessary application information. For more information, or if you wish to get started on a case, schedule a consulation today.