Qualifying for Montgomery County U Visas
If you have been the victim of a crime and wish to obtain a visa by helping law enforcement with the investigation of the crime committed against you, you may have numerous legal options available to you. However, it is wise to first consult with a well-versed immigration attorney before taking any legal action. A lawyer can inform you on your status for qualifying for Montgomery County U visas as well as guide you through the process in order to deter you from making any crucial mistakes.
Process for Obtaining a U Visa
When obtaining a visa when an individual is the victim of a crime, the first action is to identify the crime committed against the victim to determine whether it is on the list of qualifying criminal activities recognized by the USCIS. The process for obtaining a U-non-immigrant visa takes approximately four years. Currently, USCIS is adjudicating applications submitted in October 2014. Their range listed online is approximately 47 months, but that is only an estimate.
Difference Between U Visas and Asylum Protection
A U visa petition is submitted by an applicant who is a victim of a qualifying crime. That crime must have occurred in the United States or violated U.S. law. It is required that the applicant for the U visa helped law enforcement, or be willing to help law enforcement and prosecutors, in the investigation and prosecution of a crime.
Unlike asylum, a U visa does not require an applicant to present country conditions of their country of origin with their application. Asylum is different from U visas because the asylum applicant must show that they fear to return to their home country because of past persecution or a well-founded fear of future persecution related to the following categories:
- Nationality
- Race
- Religion
- Particular social group
- Political opinion
Asylum applicants cannot have availed themselves of the protection of their country and must also demonstrate that relocating internally in their country is not possible for them.
Different Types of Visas Available
Multiple visas are available for those who are victims of crime. Each visa may be related to a specific crime. U visas are victims of qualifying crimes. T visas are available for victims of human trafficking. Violence Against Women Act self-petitions (VAWA) are available to those who are victims of abuse perpetrated by their U.S. citizen or lawful permanent resident spouse, their parents, or their children. The abusers must also be US citizens or lawful permanent residents.
What to Do if a Person is Ineligible for U a Visa
When someone is found to be ineligible for a U visa, their options vary on a case-by-case basis. If a person is ineligible for a U visa, it does not mean they are not eligible for other things. Depending on the applicant’s immigration history and any other history that might be associated with their family, country, or conditions, they should reach out to an attorney to discuss their options.
How Can a U Visa Attorney Help?
An attorney would discuss an individual’s immigration options. They could do a predetermination to see if the crime the person experienced is a qualifying crime. An attorney assists in preparing draft requests for verification of the Form I-918, Supplement B. They complete the forms and assist in obtaining evidence to demonstrate the harm the U visa applicant suffered. An attorney might also be able to obtain evidence of crimes that are difficult for the U visa applicant to get ahold of on their own like police reports and news articles about the incident.
Get in Touch with a Montgomery County U Visa Attorney Today
Attorneys may be able to help you prepare a personal statement when applying for a U visa. Although these crimes are not taken lightly, you may want to be sure your statement is prepared as clearly, coherently, and effectively as possible. An attorney could also assist you with the preparation of waivers for a U visa application and obtain any additional documentation requested by the USCIS. For more information about qualifying for Montgomery County U visas, or if you require legal assistance, get in touch with an attorney today.