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Criminals often view immigrants as easy targets because they hope that the immigrant will not report the crime or cooperate with law enforcement. As a result, the United States passed the Victims of Trafficking and Violence Protection Act in 2000, enabling U-visas to offer temporary legal status to noncitizen victims so they can assist law enforcement in prosecuting crimes.
If you are a noncitizen and the victim of a crime, you may be eligible for a U-visa, and an attorney from Sussman Law Firm could help you. Our team of compassionate lawyers could guide you through the Charlotte U-visa case process so you can regain your agency.
The goal of the U-visa, also called U nonimmigrant status, is to encourage victims to report criminal activity and assist law enforcement without fear of being penalized for their undocumented status. However, a U-visa is not available for victims of just any crime. There is an extensive list of qualifying criminal activities that must have occurred in the United States, including:
Victims of human trafficking, both labor and sex trafficking, may apply for a T-visa. It is also important to note that being a victim of property crime, like theft or burglary, is not a basis for a U-visa.
There are several other eligibility requirements for a U-visa application. One, a victim must have suffered substantial physical or mental trauma as a result of the crime. Two, they must cooperate with law enforcement efforts to investigate and prosecute the crime. And three, they must be otherwise admissible to the United States; however, they may apply for a waiver if they are not.
If these requirements are met, it is vital to speak to a skilled lawyer in Charlotte to begin the procedure for obtaining a U nonimmigrant status. An attorney could help the victim fill out the forms and gather the necessary documentation.
As with any immigration application, petitioners must prepare several forms and documents. First, the victim must get certification from a law enforcement official that confirms they were helpful and cooperative in the investigation and prosecution.
This is filed with the main application, along with documents and evidence that support the other eligibility requirements. These documents could include proof of the crime and medical records.
After the petition package is prepared and submitted to the United States Citizenship and Immigration Services (USCIS), the applicant must wait for a decision. This, unfortunately, could take a long time, sometimes years, during which the USCIS may request additional documentation or information. Before a final decision, the USCIS may issue a bona fide determination, which entails a review of the petition package for completeness and a background check on the petitioner. This is a valuable step because the petitioner may then obtain a work permit and deferred action until the USCIS makes its final decision.
If approved, the individual obtains a U-visa, which allows them to live and work in the United States for four years. This can either be extended, or they may be able to apply for a Green Card after three years.
The course for obtaining a U nonimmigrant status in Charlotte is lengthy and challenging, but the benefits that come with it could be life-changing. Crime victims could get valuable assistance from a skilled lawyer to make the process easier.
If you are not a citizen but have been the victim of a crime in the United States, you may be able to stay in the country and pursue justice by obtaining a U nonimmigrant status. A dedicated lawyer from Sussman Law Firm could be by your side through the Charlotte U-visa case process.
The path is a long one, so it is important to get started as soon as possible. Call Sussman Law Firm to speak to a member of our team.
Charlotte Family & Divorce Lawyers and Immigration Attorneys
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