One of the benefits of retaining an attorney is better understanding the eligibility requirements for an Aurora U-visa. These immigration visas allow for victims of crimes to gain entry to the untied states based on their cooperation with local law enforcement agencies. To understand what is further required of you, speak to a local attorney.
A person could obtain U-nonimmigrant status by filing for a U-visa in the United States. There is a difference between a U-visa, which is a visa granted from someone outside of the United States going through counselor processing. When the person is within the United States and are applying for U-status, he or she would get U-nonimmigrant status. An attorney could help prospective applicants identify which process they need to follow.
Anyone is eligible to file for a U-nonimmigrant status visa if they fit the U-nonimmigrant eligibility. This means they must be a victim of a crime that occurred in the United States or that violated US laws, as well as that they were helpful, are being helpful, or are likely to be helpful to law enforcement, investigators, or other state agencies.
Additionally, they must have been suffering from substantial physical or mental abuse from that crime. The attorney would help them evaluate what type of crime they are a victim of, and then try and find the closest mirror to the federal counterparts that are listed as qualifying criminal activities within the immigration law.
A person with a student visa is eligible to apply for a U-visa. In these cases, the process may be different in the sense of what attorneys would look at, and the grounds of inadmissibility that may apply. If the person is in status, he or she may not need to file for a waiver.
Any person in the United States who has been a victim of one of these crimes, and who has met all the U-nonimmigrant eligibility requirements, may be able to apply for a U-visa if he or she is not a US citizen or a green card holder.
A U-visa lasts for four years when it is initially granted. People would want to apply for their residency status three years after being given the U-visa status. There is a special section within the Immigration and Nationality Act that would allow them to apply for green card status, to become a legal permanent resident of the United States, under a section of adjustment that pertains only to people who hold U-visas.
The U-visa cap is that Congress has set aside 10,000 of these visas per year, and that is the limit that may be granted to principal petitioners every year. It is important to note that there is no cap for any family members who are deriving status from the principal applicant. That includes spouses, children, or other eligible family members.
If the cap has been reached before the visa petition has been adjudicated, USCIS typically creates a waiting list for any eligible principal or derivative petitioners who are awaiting a final decision on the U-visa. Then the petitioners are placed on that waiting list. They are granted deferred action or parole and would be eligible to apply for authorization while waiting for those additional U-visas to become available.
Once that visa becomes available, those petitioners on the waiting list receive their visas in the order in which the petitions were received. The petitioners on the waiting list do not need to take any additional steps in their request for the U-visa.
The immigration benefits for obtaining a U-visa are considerable for someone who would otherwise be inadmissible and incapable of getting a green card during regular processing and by using the regular process most immigrants would have to follow. If applicants qualify for a U-visa, there are special adjustments and provisions allowing that individual who would otherwise not be eligible for a green card to obtain a green card and formally obtain legal permanent residency status.
That individual would be applying three years after they have a U nonimmigrant status. They must show that they have been in the United States for that time period and that it is not against the public interest to have them become a green card holder.
Once people become a green card holder, they become a legal permanent resident for their life in the United States, being awarded the ability to work and live in the United States permanently and to travel in and out of the United States. Those same people would eventually be able to apply for citizenship using the citizenship laws that are in place for everyone who is a green card holder.
If you are interested in learning more about the eligibility requirements for a U-visa in Aurora, then you need to set your mind at ease with the help of a dedicated attorney. Lawyers with immigration casework experience could gather evidence, file paperwork, and work on your behalf to obtain a visa that suits your needs. Reach out today to start your confidential consultation.