Role of a Virginia U Visa Attorney
Hiring an experienced attorney for U Visa cases is important because they are complex applications that require a lot of documentary evidence and many cases will require arguments of whether your crime is a qualifying U Visa crime or not. There are a number of ways that the attorney can guide you through the process and can make sure that you have the strongest application possible.
It is a lengthy process that you are investing a lot of time into, and the primary role of your Virginia U Visa attorney will be to provide you with all of the resources you need for an approval of your application and to streamline the process as much as possible.
What to Look for in An Attorney
Someone applying for the U Visa should look for an attorney that has a lot of experience in dealing with the application for U Visas. There are a lot of particular intricacies that happen on many levels. In many situations, an attorney will need to know the law enforcement community that they are dealing with. If they are arguing about a qualifying crime, they need to know the proper way to structure their argument to USCIS to have it favorably adjudicated. A person wants an attorney who has done a large volume of U Visas successfully and who has knowledge about the law enforcement certification process in the jurisdiction that they are working in.
Common Mistakes To Avoid
One mistake commonly made in U Visa cases is when someone underestimates the documentary requirements of the waiver of inadmissibility. Some people think it is some sort of an automatic waiver if they have a criminal record that renders them inadmissible, which is not the case.
Another common mistake is when people believe that if they have a qualifying crime then they do not need to make the actual argument to USCIS. In a lot of cases, someone may have been the victim of a serious crime that could qualify as a felonious assault but may be certified by the law enforcement agency as armed robbery. There is a box in the certification that someone can write in the qualifying crime and if that happens and they are not presenting a viable argument that their victimization could have been charged under the federally qualifying crime, then their application is not going to be approved.
There is not an instruction manual that comes with the U Visa application process. The rules and policies and procedures of the Vermont Service Center have been developed through years of adjudicating these applications and someone needs to know the common practices of the Vermont Service Center which are not available in any kind of a handbook, so the help of an attorney is essential.
U Visas Interaction with Criminal Proceedings
In some cases, someone wants to be careful about requesting a law enforcement certification when a criminal investigation is still open or when a criminal case is open in court. This is because defense attorneys can and often do use the U Visa process as a way to impeach the credibility of a victim because they can imply that a victim is only filing charges because they want to obtain legal immigration status. Many prosecutors are helpful in signing U Visa certifications and want to help their witnesses and victims but sometimes decide to wait to submit the U Visa certification request until after the proceedings are complete.
U Visa as a Deportation Defense
The U Visa can act as a great defense of deportation for many people who do not have family in the US, do not have eligibility for asylum, or who have other grounds of inadmissibility that may render them ineligible for any other kind of immigration benefit. In many cases, it might be an individual’s only option. Attorneys will want to know if the person is in removal proceedings and if they have been the victim of a crime and if they are, they may be U Visa eligible.
Working with a U Visa Attorney
Experienced U Visa attorneys in Virginia will be essential for someone applying for the U Visa, because they have done hundreds of applications in many different states throughout the country. An experienced attorney will know their role in dealing with law enforcement agencies and can obtain U Visa certifications in places where they may have never been asked for one.
A lot of times, working with an attorney can be a cathartic process after a traumatic experience for someone. It is important to work with somebody that has compassion for their clients and who is experienced at dealing with victims. The role of a Virginia U Visa attorney as well is one that helps individuals who have been through trauma, and who find the U Visa as a form of healing. An attorney will have a lot of resources to seek counseling and deal with any effects of their victimization.