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There are several visas that an individual who is an alleged victim of a crime could apply for. They could file for a U-visa, which are given to victims of certain crimes specifically. They could also apply for a T visa, which is a trafficking visa. Finally, there is a visa created by the VAWA (Violence Against Women Act) that woman can apply for.

With so many options, the process of applying for a visa can be overwhelming. That is why hiring a qualified immigration attorney could be beneficial when seeking a visa in a vulnerable position. Contact a lawyer today if you need help understanding visas for victims of crime in Aurora.

Eligibility Requirements

Depending on which program an immigrant is considering, there would be different eligibility requirements for each type of visa. For a U-visa in Aurora, an individual would need to be an alleged victim of a crime that is provided for in the statutes. These crimes are called qualifying criminal activities and include, but are not limited to:

  • Murder
  • Stalking
  • Torture
  • Trafficking
  • Manslaughter
  • Domestic violence
  • Extortion and blackmail
  • Abduction and kidnapping
  • Prostitution, sexual exploitation
  • Involuntary servitude and peonage
  • Obstruction of justice, false imprisonment, perjury, or witness tampering
  • Abusive sexual contact, female genital mutilation, or any form of sexual assault

These crimes are often prosecuted by the state, so an immigration attorney would need to be able to tie it back to the federal counterpart. In addition, for the U-visa, aside from being an alleged victim of one of those qualifying criminal activities, it needs to be proven that the person has suffered substantial physical or mental abuse as a result of having been an alleged victim of that criminal activity. They also need to have information about that criminal activity and be helpful to law enforcement in the investigation or prosecution of that crime. In addition, the crime needs to have occurred in the United States.

Process of Obtaining a Visa as a Victim of a Crime

The process for obtaining a visa in Aurora if an individual is an alleged victim of a crime starts with getting a police report on file for the offense. The victim should work with local law enforcement in cooperating with the investigation of that crime. This is specifically a requirement for U-visas since law enforcement would have to certify that an individual was helpful or could be helpful in the investigation or prosecution of a crime.

Timeline for Obtaining a Visa for a Victim of Crime

The process for obtaining this type of visa could last four to five years to fully see the case all the way through. Once a case is filed with the government, it will be sent to the Vermont Service Center where it is adjudicated.

If the person meets the requirements, they would be given deferred action until a visa becomes available. U-visas have a cap of 10,000 every year. When the USCIS approves immigrants, a first-in, first-out policy applies. The government approves them in line as to how many people applied on a particular day. For those reasons, the waiting line for these types of visas could be extraordinarily long.

Reach Out Now for Help Getting Visas for Crime Victims in Aurora

Our clients choose to work with us because we focus our practice on immigration law. As a dedicated firm established by an immigrant, we leave no stone unturned.

If you wish to remain in the United States, choosing to work with our firm could help you ensure that you get the best chance possible. Call today to learn more about how to obtain visas for victims of crime in Aurora.

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