U Visa Lawyer | Protecting Clients throughout NYC
Law office of Pema Lhamu Bhutia PC help clients escape abuse and build a successful life in the U.S. with a U Visa. We stand up for people who have been mistreated and will explain each part of the U visa program.
Who Qualifies for a U VISA?
When you are the victim of a crime that occurred in the United States, there is a good chance you have information that law enforcement can use to pursue and convict the perpetrator. With a U Visa, you can temporarily stay in the United States while an investigation and/or trial plays out. During this process, you can get work authorization and are protected from deportation. Your spouse and unmarried children under the age of 21 can also stay with you.
Crimes that may qualify victims for U visas include:
Human trafficking
Torture
Rape
Sexual assault
Domestic violence
Kidnapping
False imprisonment
Extortion
Labor Exploitation.
To obtain a U-Visa, the following requirements are essential:
Suffered Physical or Mental Abuse: You must have suffered substantial physical or mental abuse because of having been a victim of the crime.
Helpful to the Investigation or Prosecution: You must have information about criminal activity and must be helpful, have been helpful, or are likely to be helpful in the future to law enforcement, prosecutors, judges, or other authorities in the investigation or prosecution of the crime. Your U visa will remain valid for up to four years initially, but the law enforcement official who certified your original application can request an extension if they still need your help.
Admissibility: You must be admissible to the United States. If you are not admissible, you may apply for a waiver on Form I-192, Application for Advance Permission to Enter as a Non-Immigrant.
Additional U Visa Program Details
Available visas: only 10,000 U visas are available to principal applicants each year, not including authorizations for spouses and other family members. Once the annual cap is reached, applicants for U status are placed on a waitlist and can be eligible for deferred action. While on the waitlist, applicants and derivative relatives, such as a spouse or unmarried child for applicants over 21, can receive employment authorization.
Presence in the United States: Generally, someone whose U visa request is approved can obtain an adjustment of status/Green Card if he or she has been physically present in the United States for three continuous years. Unless the applicant is required to be out of the country to participate in an investigation or legal proceeding, they cannot leave the United States for more than 90 days at a time or a total of 180 days during the three-year period.
Public interest: For an applicant to be approved for a U visa, the Department of Homeland Security must rule that the applicant’s continued presence in the United States is in the public interest because he or she can aid in the investigation and/or prosecution of a suspected criminal.
If favorably adjudicated, the U visa grants permission to remain and work in the country for up to four years and allows beneficiaries to eventually apply for a green card, which conveys permanent resident status.
In addition, you must also demonstrate you continuously cooperated with law enforcement and have good moral character. Any criminal history could jeopardize an assessment of “good moral character” and thus prevent you from getting a green card
We assist clients with all aspects of the U-Visa application process, including:
Determining Eligibility – Evaluating if you qualify based on your experience as a crime victim and cooperation with authorities.
Gathering Evidence – Assisting in collecting police reports, witness statements, and medical records to strengthen your case.
Certification Process – Helping obtain the required law enforcement certification (Form I-918, Supplement B).
Filing the U-Visa Petition – Preparing and submitting a strong application to U.S. Citizenship and Immigration Services (USCIS).
Waivers for Inadmissibility – Assisting with Form I-192 if you have immigration violations or criminal history that may impact your case.
Pathway to a Green Card – Guiding eligible U-Visa holders through the process of applying for lawful permanent residency (green card) after three years.
Contact U Visa Lawyer Today
Not sure if your situation qualifies you for U Visa relief? Our U visa lawyer will carefully go over the facts of your case and walk you through available options. Contact us today for a consultation at (718) 651-1577 to learn more about youroptions.