Throughout the years here at Alcock and Associates, our team has had the wonderful opportunity of being able to represent numerous people for U Visas. We are happy to help you with this type of case, but it is very important that you understand the law and what your options are before you retain our services.
Unfortunately, just like any other immigration process, some people do not qualify for this kind of relief. Meaning that the United States Citizenship and Immigration Services, or “USCIS,” cannot legally grant a U Visa in certain cases.
If you or a loved one are seeking help with a U Visa case, our law firm would be more than happy to offer a free and informative consultation. We are here to meet with you, get to understand your case, and walk you through the entire process. Below, we have provided useful information to help you prepare for the questions we will ask during our meeting.
To apply for a U Visa, a person must be a victim of a qualifying crime that occurred in the United States. There are only certain crimes that will allow someone to be granted a U Visa. The applicant must be a victim of one of the following qualifying crimes to be eligible for a U Visa:
The individual who is applying for the U Visa must have suffered substantial physical or mental abuse as a result of having been a victim of one of the crimes listed above.
The individual must have information about the criminal activity. If he/she is under the age of 16 or if they are unable to provide information due to a disability, then a parent, guardian, or next friend may possess the information about the crime on their behalf.
The individual has been helpful, is being helpful, or is likely to be helpful to an agency in the investigation or prosecution of the qualifying crime.
The qualifying crime occurred in the U.S. or in the territories or possession of the U.S. or violated a U.S. federal law that allows the offense to be prosecuted in a U.S. Federal Court.
The individual is admissible to the U.S. under current immigration laws. Those who are not admissible may apply for a waiver.
The individual may be required to appear for an interview or provide fingerprints before a final decision is made. If an appointment is necessary, USCIS will notify the applicant to set up an appointment. After three years of having the U Visa, the holder will be eligible to become a legal permanent resident through the adjustment of status process as long as the person complies with the requirements to do so.
Once it is, in fact, established that an individual is a victim of a qualifying crime, the applicant must establish that he or she was helpful in the criminal investigation. In order to prove this, the applicant must provide a police report regarding the qualifying crime. In addition to this, the applicant must also obtain a signature from a law enforcement officer on form I-918 Supplement B. This form, signed by law enforcement, certifies that the victim helped in the investigation of the crime.
The applicant also must prove that he or she suffered substantial physical or psychological harm as a result of being a victim of the qualifying crime. In order to prove that there was such harm, the applicant must provide copies of medical records for any medical treatment received in connection with the crime, photographs of injuries, and/or an evaluation from a psychologist.
Along with the U Visa application, individuals will also need to file an I-192 waiver. This waiver will forgive illegal or unlawful presence in the United States, multiple illegal entries to the United States, and certain criminal convictions.
In certain circumstances, aggravated felonies may be waived if the conviction occurred before obtaining the I-918 B certification. However, even though an application for a waiver may be approvable, United States Citizenship and Immigration Services still has discretion in granting these waivers. The filing fee for the waiver is $585.
Applying for a U Visa involves a series of steps, and it’s essential to navigate the process diligently and with the guidance of experienced U Visa attorneys.
1. Certifying U Visa Eligibility
The first step is to obtain a U Visa certification from a law enforcement agency. This certification confirms your cooperation in a criminal investigation and is a crucial document for your U Visa application.
2. Complete Form I-918
Applicants must complete and submit Form I-918, Petition for U Nonimmigrant Status, along with all required documentation.
3. Gather Supporting Documents
Applicants should gather supporting documents to demonstrate their eligibility, such as medical records, police reports, and personal statements.
4. Submit the Application
Once all documentation is in order, the U Visa application should be submitted to the United States Citizenship and Immigration Services (USCIS).
5. Wait for a Decision
After submission, USCIS will review the application and make a decision. The processing time can vary, so patience is key.
Having experienced U Visa attorneys, like Alcock & Associates, by your side throughout the application is invaluable. Our law firm has represented thousands of people who were victims of a crime and wished to adjust their status with immigration. We can assist you in collecting the necessary evidence, such as police reports, medical records, and psychological evaluations, and help ensure that all the necessary steps are taken correctly, increasing the chances of success.
The U Visa provides several advantages to its recipients:
1. Temporary Legal Status
Successful applicants are granted temporary legal status in the United States. They can change their immigration status within the United States from nonimmigrant to immigrant when complying with certain requirements, allowing them to live and work in the country.
2. Path to Permanent Residency
The Protection Act of 2000 also permits the U Visa holder to apply for lawful permanent residency (Green Card) after a specific period, usually after three years of continuous presence in the United States, and when they have not unreasonably refused to provide assistance to law enforcement since receiving the U Visa.
3. Derivative Visas
Family members of the primary U Visa holder may be eligible for derivative U Visas, ensuring that they too can enjoy legal status in the country.
Depending on at what age the U Visa application is filed, certain qualifying family members are eligible to be a derivative in the U Visa. The persons who qualify for derivative U Visas are:
At Alcock and Associates, our attorneys will thoroughly assess your case to determine if any family members can benefit from this valuable opportunity.
There is a limit on how many U Visas can be granted per year, which is set at 10,000 per year. With that being said, there is no limit or cap for family members deriving status from the principal applicant, such as spouses, children, or other eligible family members.
If the cap is reached before all U nonimmigrant petitions have been adjudicated, USCIS will create a waiting list for any eligible principal or derivative petitioners who are awaiting a final decision and a U visa. Petitioners placed on the waiting list will be granted deferred action or parole and are eligible to apply for work authorization while waiting for additional U visas to become available.
Once additional visas become available, those petitioners on the waiting list will receive their visas in the order in which their petition was received. Petitioners on the waiting list do not have to take any additional steps to request the U visa. USCIS will notify the petitioner of the approval and the accompanying U visa.
Here are the questions that must be asked in order to determine whether a person is eligible for a U Visa
1. How did you enter the United States?
2. How long have you resided in the United States?
3. Have you ever left the United States, and if so, when and for how long?
4. Have you ever been deported?
5. Have you ever been caught crossing the border?
6. Have you ever signed a voluntary departure?
7. Have you ever been arrested for any crime?
8. Have you ever been convicted of committing any crime?
9. Are you a victim of a crime that occurred in the United States?
10. Did you help law enforcement with investigating the crime (answering questions, calling the police, testifying in court)?
Please keep in mind that United States Citizenship and Immigration Services is only authorized by Congress to grant 10,000 U Visas per year. Thus these cases can often take more than one year to be approved, as USCIS can reach the statutory cap very quickly and cannot approve more than 10,000 U Visas per year.
We understand the need to make informed decisions when it comes to securing your future and obtaining the protection you deserve. That’s why we offer a free consultation to put your mind at ease. Our experienced U Visa attorneys are here to listen, to guide, and to provide clarity on your journey towards legal status in the United States. This initial consultation is a no-obligation opportunity for you to gain valuable insights and determine your best course of action.
Alcock & Associates bring a wealth of knowledge, expertise, and dedication to the table. Our experienced U Visa attorneys have successfully obtained U Visas for numerous clients, and they are ready to do the same for you. Reach out to us today and discover the difference that dedicated and skilled legal representation can make in your pursuit of safety and legal status in the United States.
If you have been a victim of a certain kind of crime, you may be eligible for a U-Visa. Not all crimes will qualify for U-Visa. Examples of qualifying crimes for U-Visa include: domestic violence, aggravated assault, sexual assault, kidnapping, extortion, and murder. First, you must be helpful in the crime’s investigation. To prove this, you will need to provide a police report for the incident, and obtain certification from a law enforcement or judicial official certifying that you have been helpful in the crime’s investigation. The certification that you were helpful in the crime’s investigation will be signed by a government designated official on an immigration form. Our law firm can help you obtain the certification. You must also prove that you suffered physical or psychological harm as a result of being a victim of the crime, which can be shown by medical records, photos, psychological evaluations, and letters.
There is a cap on the number of U-Visas that can be approved each year, which is set by Congress. USCIS may only approve 10,000 U-Visas per year for all of the United States. Due to the cap and the large number of people that apply, the current wait time to receive a U-Visa approval is approximately 4-5 years.
VAWA stands for the Violence Against Women Act. You can apply for VAWA if you are a male or female. VAWA allows a person to file a petition for themselves based on being subject to extreme battery or cruelty during a marriage relationship with a U.S. citizen or permanent resident. To qualify for VAWA, you must be married to a U.S. citizen or a green card holder, or have been legally married to a U.S. citizen or green card holder before getting divorced. If you are divorced, you may only apply for VAWA up to 2 years after the date you got divorced. You also must show that you suffered extreme battery or cruelty from your U.S. citizen or LPR spouse. Common documents that can be gathered to prove this kind of abuse are: police reports, court records, restraining orders, medical records, psychological evaluations, letters of support, and a personal declaration from you describing the abuse. You must also show that you have been a person of good moral character for the last five years before you apply for VAWA. This means that you cannot have any criminal arrests, charges, or convictions over the last 5 years. There are exceptions that can be made if the crime you committed relates to the abuse you suffered.
You may also be able to apply for a green card along with the VAWA self petition. In order to qualify to receive a green card, there cannot be anything on your criminal or immigration record that would keep you from becoming a resident. This means you must not have any prior deportation orders or a criminal history that would otherwise prevent you from being admissible. You also must have entered the country legally, or have entered the U.S. only one time illegally.
Choosing Alcock & associates was a blessing to us from day one. They made my wife’s immigration case a breeze. Daniella Hernandez helped us and she was wonderful. If she wasn’t available to speak at the moment, we would always get a quick call soon after. She answered every question we had with confidence and it was clear that she knew what she was doing.
Mr. Alcock since the early 2000 and I’ve seen all his work and growth on helping the community and now after 10 years of residency, I had no doubt of coming to the firm for advice regarding my citizenship process.
Hands down, the best law firm. They really worked hard and still working hard on my complicated immigration case. So far it’s really a good experience with the attorney Lisa, co-attorney Emanuel and all the front staff.
This is the only law firm I turn to for legal consult/representation. Immigration attorney, Lisa Elkin, assisted my wife with her legal residence status. After 34 years of living in this country my wife is finally a legal resident of the United States.
Alcock & Associates has helped me greatly when acquiring and renewing my DACA permit. They are extremely kind hearted and go above and beyond to help the people.
Really professional lawyers. Took two different cases based on immigration from us. One with Cody for the deportation withheld process thank you so much for everything for closing completely the deportation process against my husband.
Very good group of lawyers who work, for your interests without any rest. Thanks to that today I can say that I am a resident I do not have how to thank everything they did for me. Thank you very much and may the Lord bless you.
This will be my third time coming with Alcock & Associates for my Daca and as always they never disappoint, everyone here is super helpful and welcoming! Thank you Kirk for helping with my renewal
Dora and Lisa (the lawyer) did such a wonderful and professional job with my husband's residency. Everything went smooth at ciudad juarez. Everything they said would happen, did. They prepare you very well. I recommend Alcock & Associates 100%. They are honest and will let you know the truth
Here at Alcock and Associates our team and staff are dedicated to helping and representing YOU. The first step is to understand your case. We will take the time to get to know you and your legal situation so that we are best able to answer all of your questions. After your initial consultation with our attorneys, you will know what you are facing and what can happen to your case.
EVERY CONSULTATION IS COMPLETELY FREE AND COMPLETELY CONFIDENTIAL.
Alcock & Associates P.C.
2 North Central Avenue, 26th Floor
Phoenix AZ 85004
