U Visa – chrishammondlaw.com

U Visas (Victims of Crimes)

Being a victim of a serious crime is a traumatic experience, and it’s even more complicated for those who are not U.S. citizens and worry that reporting the crime could expose them to immigration risks. The U Visa is a special immigration benefit designed to help victims of certain crimes who have suffered abuse and who assist law enforcement in the investigation or prosecution of the criminal. This visa not only provides a safe haven and legal status for victims, but it also strengthens public safety by encouraging cooperation with police without fear of deportation. Chris Hammond Law Firm is proud to support immigrant victims of crime by helping them obtain U Visas, which can ultimately lead to permanent residency.

What is a U Visa?

A U Visa grants temporary legal status in the U.S. for up to 4 years to victims of qualifying crimes. U Visa holders receive an employment authorization (work permit) and cannot be deported during that period. Importantly, after holding a U Visa for 3 years, the individual can apply for a green card (lawful permanent residence), provided they continue to meet requirements. This makes the U Visa a pathway to eventually becoming a U.S. permanent resident and even a citizen. Additionally, certain family members (derivatives) can also obtain U status along with the principal applicant.

Qualifying Crimes and Basic Eligibility:

Not every crime makes one eligible for a U Visa. The law enumerates specific qualifying criminal activities that are covered by the U Visa program.

These include many serious and violent offenses. Some of the qualifying crimes are:

Domestic violence (including intimate partner violence)

Sexual assault and rape

Kidnapping and abduction

Felonious assault (which can cover severe physical attacks)

Human trafficking (labor or sex trafficking)

Other sexual offenses (abusive sexual contact, sexual exploitation, incest)

Stalking

Hostage taking

Extortion and blackmail

False imprisonment

Female genital mutilation

Manslaughter or murder (if you are a surviving victim or affected family in certain cases)

Witness tampering, obstruction of justice, perjury (if you were victimized by these in the context of another crime)

Peonage (involuntary servitude) and slave trade

Prostitution (forced) and other related crimes.

This is not the full list, but it gives you an idea – it ranges from violent crimes like assault to crimes like fraud in foreign labor contracting. Even attempts, conspiracy, or solicitation to commit these crimes can be qualifying.

Besides being a victim of a qualifying crime, there are other key eligibility criteria for a U Visa:

Substantial Physical or Mental Abuse: The victim must have suffered substantial physical or mental abuse as a result of the crime. This doesn’t mean you have to be hospitalized or visibly injured necessarily – psychological trauma counts. We often submit evidence like hospital records, photographs of injuries, or psychological evaluations to demonstrate the harm suffered. A detailed personal statement describing the impact of the crime on your life is also critical.

Helpfulness to Law Enforcement: You must have information about the criminal activity and have been helpful, currently be helpful, or be likely to be helpful in the investigation or prosecution of the crime. In other words, you cooperated with the police or authorities. This typically means you reported the crime, answered police questions, maybe testified in court or are willing to. To prove this, a law enforcement agency must certify your helpfulness.

Law Enforcement Certification (Form I-918B): This is a crucial part of the U Visa application. You need a certification from a certifying agency – usually the police department, sheriff, prosecutor’s office, or judge handling the case – confirming that you were a victim of a qualifying crime and that you have been helpful in the case. Without this certified Form I-918, Supplement B, USCIS will not grant a U Visa. Obtaining this certification can be challenging in some jurisdictions; our firm will reach out to the appropriate officials on your behalf, provide them with any needed documents, and persistently follow up to secure the certification. We have experience working with law enforcement agencies in Houston and other areas to explain the U Visa and obtain these vital certifications.

Admissibility: U Visa applicants must be admissible to the U.S., or if not, obtain a waiver of inadmissibility. Many U visa applicants have immigration violations (like illegal entry or unlawful presence) or other issues that normally would make them inadmissible. The good news is the U Visa law has a very broad waiver available (Form I-192 waiver) that USCIS can use to forgive almost any inadmissibility for U applicants, in the public or national interest. Even certain criminal convictions or prior deportations can be waived for U Visas (except very serious things like participating in Nazi persecution or terrorism). We prepare strong waiver requests for any client who needs one, showing why USCIS should exercise its discretion favorably.

No requirement to be here legally: It’s worth noting, you do not need to have been in status. Even undocumented individuals or those who overstayed a visa can apply for a U Visa. In fact, the U Visa was created with undocumented victims in mind, since they are often fearful to report crimes. Also, it generally doesn’t matter if the perpetrator was caught or convicted in the end – what matters is you were a victim and you were willing to help.

The U Visa Application Process:

Applying for a U Visa is a multi-step process:

Certification: First, as mentioned, we secure the law enforcement certification (Form I-918B). We typically prepare a packet to send to the agency which includes a draft of the form with the details of the crime and your helpfulness, a cover letter referencing the police report or case number, and perhaps letters of support from victim advocates if available. Once the agency signs the certification, we include that in the application.

Form I-918 and Evidence: We file Form I-918, Petition for U Nonimmigrant Status with USCIS, along with a personal statement from you describing the crime and how it has affected you, the certification form, and copious evidence: police reports, court records, medical records, counseling records, photos, affidavits from others who know about the crime, etc. We make sure to address all elements: proving a qualifying crime occurred, that you were the victim of it, that you suffered harm, and that you helped law enforcement. If any required evidence is missing (say you can’t get a police report), we explain why and try to provide secondary evidence. We also include Form I-918 Supplement A for any qualifying family members you are including (for example, if you are the victim and you have spouse or children who also need status, or if the victim is under 21, they can include parents or minor siblings). We prepare those derivative applications too. Additionally, we file Form I-192 waiver for any inadmissibility issues, with a detailed legal brief and supporting equities (this form is often needed given most applicants entered without inspection or overstayed).

USCIS Processing and Waitlist: After filing, there is unfortunately a long wait. By law, only 10,000 U Visas can be approved each year for principal victims(derivative family don’t count toward that cap). Because of high demand, there is a backlog of U visa cases. In fact, USCIS has already approved all 10,000 visas each year since 2010, and as of late 2024 they were processing petitions filed about 8 years ago. This means new applicants will likely be waiting several years in line. However, there is hope during the wait: USCIS conducts an initial review called a bona fide determination. If your case passes this review (meaning you submitted all required parts and don’t have disqualifying issues), USCIS may grant you deferred action and issue a work permit while you continue waiting for final adjudication. In 2021, USCIS began this process to give U visa petitioners some relief. We keep track of your case and follow up on any notices.

How We Help U Visa Applicants:

Our firm approaches U Visa cases with a trauma-informed perspective. We understand that recounting the details of a crime can be emotionally difficult, so we work at your pace and comfort level, while still gathering the necessary information. Here are specific ways we assist:

Sensitive Interviewing: We’ll talk with you to get a full picture of what happened, but we do so with compassion and care. If you have a counselor or advocate, we’re happy to work in conjunction with them. We ensure we have all the facts needed to craft a compelling narrative for USCIS.

Completing Strong Applications: U Visa applications can be several inches thick with evidence by the time we’re done. We meticulously compile everything. Our attorneys know what USCIS looks for – for example, we highlight the parts of a police report that confirm the qualifying crime and your helpfulness, we include psychological evaluation letters to document mental trauma (if available), and we clearly tie the evidence to each legal requirement. The goal is to make the adjudicator’s job easy to approve your case.

Law Enforcement Liaison: One of the hardest parts for individuals is often getting the law enforcement certification. We take on that burden. We research and contact the correct officials (different police departments and prosecutor offices have different procedures; we’re familiar with many in Texas and can quickly adapt to any jurisdiction’s rules). We draft a persuasive request explaining how you cooperated and why the U visa will help further justice. Our firm’s professional approach often helps in obtaining the needed signature where individuals on their own might face hurdles.

Inadmissibility Waivers: If you have any issues like a prior deportation, unlawful presence, minor criminal record, etc., we prepare a thorough waiver request (Form I-192). We frame your situation in the best light – emphasizing that you are a victim seeking justice, that it’s in the public interest to let you stay (because it helps law enforcement and the community), and showing your good character apart from the incident. We may include reference letters, evidence of rehabilitation, or other positive factors. USCIS has broad discretion here, and we aim to convince them to exercise it favorably for you.

Updates and Advocacy: Given the long waits, we don’t just file and forget. We monitor USCIS policy changes and processing times. If needed, we follow up with USCIS for status if your case is beyond normal times. We inform you of any interim benefits (like when to apply for renewals of your work permit or if travel can be permitted in certain cases). Should any request for more evidence or intent to deny be issued, we respond swiftly and forcefully with additional documentation or explanations to resolve the concern.

Helping Derivative Family Members: If your spouse, children, or in certain cases parents/siblings (derivatives depend on your age and situation) are eligible to get status through your U visa, we handle those applications concurrently. This means your immediate family can also receive work permits and U status, keeping the family unit secure. For family members abroad, once your U visa is approved, we guide them through consular processing to obtain U visas to join you in the U.S.

The U Visa process requires patience due to the backlog, but it can literally be life-changing – granting victims stability, safety, and a future in the United States. We find it extremely rewarding to help clients who have endured hardship to finally secure legal status and move forward.

Discuss your U Visa case with Attorney Chris:

If you have been a victim of a crime in the U.S., you may be eligible for a U Visa – a stepping stone to permanent residence and a new beginning. Contact Chris Hammond Law Firm for a confidential consultation. Attorney Chris will evaluate your case, explain the U Visa requirements, and if eligible, guide you through every step of the application process. We are committed to empowering victims of crime to obtain the justice and legal protection they deserve. Let us handle the legal complexities while you focus on healing and rebuilding your life.