U Visa: Relief for Crime Victims

The U nonimmigrant visa (commonly known as the U Visa) was established by Congress through the Victims of Trafficking and Violence Protection Act to strengthen the ability of law enforcement agencies to investigate and prosecute serious crimes, while protecting immigrant victims who have suffered substantial physical or mental abuse.

If you or an immediate family member has been a victim of a qualifying crime in Florida or anywhere in the United States, you may be eligible to obtain lawful temporary status, work authorization (an Employment Authorization Document or EAD), and eventually a pathway to a permanent resident card (Green Card).

Eligibility Requirements For The U Visa

To qualify for a U nonimmigrant visa under U.S. immigration laws, an applicant must demonstrate all of the following:

• Victim of a Qualifying Crime: You must have been the direct or indirect victim of qualifying criminal activity that occurred in the United States or violated U.S. laws. Qualifying crimes include domestic violence, felony assault, sexual assault, extortion, false imprisonment, kidnapping, witness tampering, manslaughter, and other severe offenses.
• Substantial Harm: You have suffered substantial physical abuse or mental abuse as a result of having been a victim of criminal activity.
• Possession of Information: You have knowledge and helpful information regarding the details of the crime.
• Helpfulness to Law Enforcement: You have been helpful, are currently helpful, or are likely to be helpful to federal, state, or local law enforcement authorities, prosecutors, or judges in the investigation or prosecution of the crime.
• Admissibility: You are admissible to the United States. If you have immigration violations or criminal history that would otherwise make you inadmissible, you may request a Form I-192 waiver of inadmissibility.

Law Enforcement Certification (Form I-918 Supplement B)

A crucial element of the U visa petition is obtaining Form I-918, Supplement B (U Nonimmigrant Status Certification) signed by a designated law enforcement official, such as a police chief, sheriff, state attorney, prosecutor, or family court judge. This certificate verifies that you were indeed the victim of qualifying criminal conduct and provided assistance in the investigation or prosecution.

Attorney Cynthia I. Waisman assists clients in requesting and securing these certifications from local Florida law enforcement agencies and preparing an airtight submission for USCIS.

Bona Fide Determination And Work Authorization

Due to the annual statutory cap of 10,000 U visas per fiscal year, USCIS has implemented a Bona Fide Determination (BFD) process. Once USCIS confirms your initial petition is complete and includes a properly executed certification, you and qualifying family members may receive deferred action and an Employment Authorization Document (EAD) while waiting for final visa numbers to become available.

Pathway To A Green Card (Permanent Residency)

After maintaining lawful U nonimmigrant status for at least three continuous years in the United States, and continuing to assist law enforcement when requested, you may be eligible to apply for adjustment of status to become a lawful permanent resident (Form I-485).

Confidential Legal Consultation In Tampa Bay

Victims of crime should never live in fear of contacting law enforcement or seeking justice due to immigration status. At Cynthia I. Waisman, P.A., we handle U visa petitions with the utmost discretion, empathy, and legal rigor.

Contact our Clearwater or Tampa offices today at +1 (813) 279-6180 or send us a confidential message to discuss your situation.