Applying for a U Visa in Leesburg

The process of applying for a U visa in Leesburg can be a difficult thing to do alone. An experienced U visa lawyer could help by explaining the different forms you may have to complete, and ensuring that the relevant documents are submitted in a timely manner. Furthermore, a knowledgeable attorney could answer any questions you may have, and also work diligently to ensure that your rights are protected throughout the process. Call today and schedule a consultation.

The Process of Applying for a U Visa

If someone is in the United States, they can start applying for a U visa in Leesburg by submitting the Form I-918, Petition for U non-immigrant status along with the Form I-918, Supplement B U Nonimmigrant Status Certification. If there is a waiver of inadmissibility that is applicable, the applicant will have to submit Form I-192, which is the application for advance permission to enter as a non-immigrant.

The applicant will also have to provide statements describing the qualifying crime and their mental and/or physical suffering as a result of that crime. In addition, the person applying for a U visa should also submit Form I-765, which is the application for employment authorization, with their U visa application to ensure that as soon as their U visa petition is approved they will also be granted employment authorization, which will allow them to legally work in the U.S.

Applying for U Non-Immigrant Status Outside of the United States

If a person is outside of the United States, they apply for U non-immigrant status the same way. They submit Form I-918 and Form I-918 Supplement B, but because the applicant is outside of the United States, they will have to do fingerprints at a U.S. consular office or embassy overseas. If the U visa petition is approved, the person applying for U non-immigrant status will have to go to through consular processing and be interviewed at the U.S. consulate or embassy where they are located or at the U.S. embassy or consulate closest to them if there is not one in their country.

Testimony Expected of U Visa Applicants

The type of testimony an individual looking to obtain a U visa will have to provide would provide specific information about the crime. They will have to provide specific information to law enforcement or prosecutors showing that they were the victim of a qualifying crime and show evidence as to how they suffered as a result of that qualifying crime.

The information provided by an individual while applying for a U visa in Leesburg does not have to result in a conviction for an application to be accepted. Cooperation with law enforcement or the prosecutor’s office is sufficient. There is no requirement that the U visa process must result in a conviction for an application to be accepted.

Does the Individual Relaying Information Pertaining to the Crime Need to Be a Witness or a Victim of the Crime?

The individual relaying information pertaining to a crime needs to be the victim of the crime, but the person giving the information does not have to be the victim of the qualifying crime. For example, if the U visa applicant is a victim under the age of 16 and is not able to provide information about the incident either because of a disability or another kind of impairment, a parent or guardian would be able to give information about the crime that occurred.

Securing a Law Enforcement Certification

Securing a law enforcement certification is a vital part of applying for a U visa in Leesburg. Law enforcement certification is obtained through Form I-918 Supplement B. That form shows that the applicant was a victim of a qualifying crime and that the victim cooperated with law enforcement and the investigation. To have a law enforcement agency complete Form I-918 Supplement B, the applicant must communicate with the police department, the government agency that is investigating the crime, or the prosecutor’s office. The agency would then be able to complete the form and verify the events that occurred and that the applicant was a d victim of a qualifying crime.

The evidence that must be included to obtain law enforcement certification would be the case number assigned to the criminal activity that occurred and the description of any injuries to the victim. U visa applicants will have to give the police department, other government agency, or the prosecutor information for them to complete the certification form. They will also have to provide a description of any injuries. The agency will note the helpfulness of the victim and the specific date and location, case numbers, and report numbers. All of that information assists the officer in approving the certification form.

Getting a Law Enforcement Officer to Sign a Certification

To get a law enforcement officer to sign their certification, a person will have to provide as much information as they have regarding the incident, this may include providing the case number, the police report number, and the dates and locations of where the incident occurred. This will allow the police department, other government agency, or prosecutor’s office to find information about the crime that occurred.

Waivers of Inadmissibility in Leesburg

An individual can apply for a U visa if they have a criminal or an immigration record of their own. They have to take into account that if they have any criminal or immigration issues, whether or not the U visa application will be granted depends on what the criminal or immigration violation entails and if the criminal or immigration violation can be cured with the filing of a waiver.

To apply for a waiver if an applicant has been deemed inadmissible, they would be required to show that they are not a risk to the U.S. if they were to be admitted. Whether it is a criminal or immigration-related issue, they will have to show why they want to enter/remain in the United States. If they want to remain in the United States, they will have to show factors like hardship to certain family members, ties or contributions to their community, and any financial impact on their families or to themselves if they were not able to be admitted as a U visa recipient. If someone is applying for a waiver based on criminal grounds of inadmissibility, USCIS will look at the crime the applicant committed, when the conviction took place, where the conviction took place, any punishment that was received, and evidence that the applicant has rehabilitated. If an individual wants to know more about applying for a U visa in Leesburg, they should consult an intelligent U visa attorney that could help.