Criminal Records and U-Visa’s in Fairfax

Even if an individual has a criminal or immigration record of their own, in many cases they can still apply for a U visa in Fairfax. Further, if a person brought a waiver in the immigration law, that person can apply for a U visa even if they have a serious criminal record, a prior order of deportation, or another immigration violation from the past. That waiver is found on Form I-192, and is a broad balancing of the equities.

A person has to prove that the negative factors in their case are outweighed by the positive factors, like their ties to the community or the positive contribution they have while in the United States. If a person has a serious criminal background and/or serious prior immigration violations, then they will need more positive equities in order to get the case approved. To effectively present such a case, an individual should not hesitate before contacting a U visa attorney as soon as possible.

Law Enforcement Certification

The law enforcement certification is a simple three-page form that needs to be signed by a charging official and the law enforcement agency that investigated and/or prosecuted in the case. If there was a prosecution, it is going to be signed by the prosecutor’s department. Further, there must be a supervising official such as a secretary.

In cases where there is no prosecution or no formal charges filed, then the police department will be the entity that will be responsible for signing the law enforcement certification. A person needs that in order to move forward on any U visa application as a requirement. If an individual does not have that within the initial filing, then the application will be immediately rejected without any kind of adjudication.

Ineligibility

A person would not be eligible to apply for a Fairfax U visa if that person has a serious criminal record that involves violent crimes or sexual crimes. Generally, many crimes, even drug-related crimes such as drug trafficking still lead to approval. However, if the individual has any kind of domestic violence record or anything where they have victimized other people, their criminal record may have a negative impact on their application for a U visa in Fairfax. This is an issue because the U visa is adjudicated by the VAWA Service Center.

It is the service center that is in charge of protecting victims, particularly victims of domestic violence. It is a challenge to get any of them approved if the person has victimized other people, especially in domestic violence situations or things of that nature.

Importance of an Attorney

It is important to consult with a lawyer who has done a lot of research on the U visa status. A lawyer who has handled plenty of VAWA applications in many different jurisdictions is critical in determining how an individual’s criminal record will impact their Fairfax U visa application.

It is crucial for an attorney to have experience in U visa certification and has experience in arguing the facts surrounding the qualifying crime in order to prove that a victim should qualify under the federal U visa despite their potential criminal record.