Applying for a U Visa in Montgomery County

Filling out an application for any visa or residency program can easily become a complicated process. A person who is interested in applying for a U visa in Montgomery County should take extra care and time to ensure their application is accurate. Inaccuracies or mistakes could substantially reduce a person’s chance of obtaining a visa or may result in denial. If you or a family member may qualify for a U visa, consult with a knowledgeable U visa lawyer. They could examine the factors surrounding your application and work to help streamline the process. Call today and schedule an appointment to start reviewing your potential legal options.

Understanding How Location May Impact an Application

The location of where a person currently resides may influence their application for a U visa. A person who is outside of the United States generally needs to submit the form I-918 and the form I-918 Supplement B. They also will need to go through consular processing which includes being fingerprinted at a United States consulate or embassy.

However, when a person inside of the United States applies for a U non-immigrant status by submitting the form I-918. They must also submit the form I-918 Supplement B to law enforcement or prosecutors. If the person will need a waiver for inadmissibility they could submit the form I-912, which is the application for advance permission to enter as a non-immigrant, along with a statement describing the qualifying crime and the mental and/or physical abuse that was suffered by the U visa applicant as a result of that crime. With that packet, they should also submit the form I-765, which is the application for employment authorization. This could be significantly helpful as a person who is granted a U visa and has already submitted an employment authorization form could start searching for employment faster.

Providing Evidence as a U Visa Applicant

When a person is applying for a U visa in Montgomery County, they generally will have to provide testimony that shows they have supplied law enforcement or prosecution with specific information in regard to the alleged crime. They typically will also have to show that they are eligible for the benefit sought due to their status as a victim of a qualifying crime. This qualification may need to be demonstrated by submitting evidence of the physical and mental abuse that they suffered as a result of being a victim of that qualifying crime. In some cases, if a victim is underage or disabled, a parent or legal guardian could present information about that crime on their behalf.

Influence of a Criminal or Immigration Record on an Application

An applicant with a criminal or immigration record could still apply for a U visa, but whether they will be granted the visa typically depends on the violation committed by the applicant. Furthermore, they often will need to speak with an attorney to determine whether the criminal or immigration violation requires a waiver.

In some instances, a person who is applying for a U visa in Montgomery County may be considered inadmissible to the United States. An applicant who is deemed inadmissible generally needs to obtain a waiver to qualify for a U visa. Violations that may render a person as inadmissible typically include:

  • Fraud or misrepresentation
  • Failure to attend any removal hearings
  • Entering without an inspection
  • Having been previously removed or deported

A U visa applicant who has committed a crime involving moral turpitude may also be inadmissible. These infractions may include crimes that are violent and degrading, however, they also extend to certain controlled substance offenses.

If the applicant has been deemed inadmissible, they are often required to submit a waiver and provide evidence regarding the criminal violation or the immigration violation, why they want to enter and remain in the United States, and why they are not a risk of harm to society. Additionally, if the U visa applicant is submitting a waiver because of any criminal-related issues, they will have to say the crime that they were convicted of, when it took place, and if there were any judgments that were issued due to that. They also will have to explain the circumstances of that crime, if they have rehabilitated along with any evidence of rehabilitation.

Contact a Skilled Lawyer About Applying for a Montgomery County U Visa

Each part of the application process is important and errors can put a person’s application at risk for denial. Someone who is interested in applying for a U visa in Montgomery County should consider reaching out to qualified legal counsel. If you or a family member are considering applying for such a visa, contact an experienced U visa lawyer and schedule an appointment as soon as possible.