Obtaining a U Visa in Montgomery County

Obtaining a U visa may seem like a daunting task, however, with the right guidance and assistance, this process can be much simpler than anticipated. If you believe that you could benefit from professional legal assistance, be sure to get in touch with an experienced visa attorney. A lawyer who has dealt with numerous cases involving visas could potentially be a valuable asset towards obtaining a U visa in Montgomery County.

How to Obtain a U Visa in Montgomery County

Anyone considering applying for a U nonimmigrant status must have been the victim of a qualifying crime, cooperated with the police or prosecution, and have suffered as a result of being the victim of that crime. An attorney can assist in the submission of the required U Visa forms. These being Form I-918 and Form I-918, Supplement B, the certification form, as well as the evidence that supports eligibility. If needed, an attorney can assist with the preparation of Form I-192, the application for advanced permission to enter as a non-immigrant for those who are inadmissible.

The U visa lasts for four years and may be extended. A U visa can be extended under very specific circumstances.

Caps on U Visas

The cap for the number of U visas that may be granted to principal petitioners is 10,000. That means if the cap is reached, a waitlist is created from the date the U visa applicant submits their petition. If an applicant is approved after the cap is reached, they are included. If the cap is reached before approval then they have to wait.

Who is Eligible to Apply for a U Non-Immigrant Status Visa

To be eligible to apply for a U visa, an individual must be a victim of a qualifying crime that occurred in the United States or the crime violated any US law. The U visa applicant must have assisted law enforcement or prosecution in the investigation and/or the prosecution of the crime. The U visa applicant must have also suffered substantial mental or physical harm as a result of the crime.

Eligibility does not depend on a commission of a federal crime. It does not make a difference whether the crime was under federal or state law. As long as the crime is a qualifying crime and the person meets the other criteria of a U visa, they are eligible to apply. For help with obtaining a U Visa in Montgomery County, get in touch with an attorney today.

What Other Parties are Involved?

In addition to the U visa applicant, law enforcement, prosecutors, and the U.S. Citizenship and Immigration Services (USCIS) are involved. USCIS is involved because it receives the U visa petition. Hospitals, mental healthcare providers may be involved to provide evidence of trauma or harm. If the U visa applicant is also in removal proceedings in immigration court, the Department of Homeland Security (DHS) attorney who is representing the government and the immigration judge are involved as well.

Immigration Benefits Associated with Obtaining a U Visa

Someone with a U visa obtains work authorization in the United States and is permitted to stay in the U.S. legally. The biggest benefit is that after being a U visa holder for three years, the person may apply to become a lawful permanent resident. Once they become a lawful permanent resident for five years they may apply to become a US citizen in the future.

Gaining Citizenship After Obtaining a U Visa

The U visa holder has citizenship potential after the U visa applicant is granted. Their U visa lasts for four years. However, at the three-year mark, the U visa holder may submit their I-485 to become a lawful permanent resident. After being a lawful permanent resident for five years, the U visa applicant who is a lawful permanent resident may apply to become a citizen of the United States after five years of lawful permanent resident status.

Getting in Touch with a Montgomery County U Visa Attorney

Acquiring a legal status in the United States could prove to be difficult. However, with the help of an attorney, the process of obtaining a U Visa in Montgomery County could be much less stressful. A lawyer who is well-equipped to deal with visa cases could guide you through this process in an effort to steer you away from making mistakes that could hurt your application. Consult with an attorney today to get started on your application.