Role of a Fairfax U Visa Attorney

Hiring an attorney in a Fairfax U visa case is important for a number of reasons. One key issue is that in a lot of jurisdictions, it is difficult to obtain the law enforcement certification because many police departments or prosecutors often place arbitrary limits on the types of cases that they will certify for.

Sometimes an attorney in a Fairfax U visa case can advocate for this certification to be issued initially and in other cases, there can be complex issues. This is one of the most critical roles of a U visa lawyer. These issues can arise when making sophisticated legal arguments that prove that the crime that a person is an alleged victim of could have been charged under one of the federal enumerated crime under the U visa statute.

Qualities of an Attorney

An individual wants an attorney who has a lot of experience in handling U visa cases in Fairfax, especially when a person is dealing with complex issues with getting the law enforcement certification. An individual will want somebody who has contact with the local police or prosecutor’s office and knows the local procedures and protocol and the kind of climate for approving them. Further, an individual will need an attorney who is familiar with the actual argument that needs to be made for the application of USCIS.

It is not enough for an individual to say that their qualifying crime is similar to one of the federally enumerated crimes. The culture and the protocols for approving these at USCIS are now a lot more refined and tighter than they used to be in the past.

An individual will need a lawyer that has played the role of advocate many times, has handled a lot of these applications, and has dealt with all sorts of different challenges so that they can effectively present the case.

U Visas in Criminal Proceedings

If there is a trial going on, the prosecutor does not want to get involved in this certification process before a trial is finished because a defense attorney can impeach the witness stating that they were just trying to bring the charges to get immigration status. An individual wants to communicate with a prosecutor about that especially if there is a trial going on so it is not used to impeach the individual’s credibility.

Deportation Defense

A U visa is very effective as a deportation defense if the individual has U visa status. Once their provisional approval is issued then they can terminate the individual’s removal proceedings, or they will administratively close them in an adjudication of the actual U visa being approved.

Once the U visa is approved, the individual can get an actual termination of the case and move forward like any other applicant toward their green card application process after the three years. One of the most important roles of an attorney in a Fairfax U visa case is using this as a deportation defense.