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Individuals pursuing an Oak Brook U-visa application are required to meet a number of guidelines before receiving approval. While there is an established process that applicants could go through, they may need the assistance of a skilled U-Visa attorney. Reach out to an experienced lawyer today for guidance.

Applying for Non-Immigrant Status if in the United States

Before an individual applies for a non-immigrant visa through the USCIS, certain steps must be taken beforehand. Individuals must obtain Form I-918 Supplement B Certification from law enforcement. This form is a certification of helpfulness given by law enforcement to verify that the person is a survivor of one of the qualifying crimes, and they have been helpful in the investigation of the crime. Without this form, there is no way to move forward with the application on the Oak Brook U-visa.

Applying Outside of the Country

A person could still apply for the Oak Brook U-visa from outside of the United States if they are the survivor of one of the qualifying crimes within the United States, or if the crime violated U.S. law. Individuals could go through the CBP or consular processing to begin applying. The process and paperwork should be relatively similar to applying within the country.

Testimonies and Evidence

The person must provide proof they are the survivor of a qualifying crime through:

  • An affidavit
  • Police reports
  • Medical reports
  • Protection court documents
  • Anything else that shows a history of abuse

Applicants may also need a psychological analysis if they claim mental harm. The information provided by an individual during the U visa process does not need to result in a conviction of the offender for the application to be accepted. There is no requirement that the perpetrator is prosecuted or found guilty. It is completely up to the government as to whether they decide to prosecute the offender.

Who Could Provide the Information for the U-Visa?

While the person relaying the information is required to be a witness or survivors, there are other ways to claim. Indirect survivors could also come forward if they were present at the time of the offense and are able to show that they suffered mentally or physically. Such individuals could also apply for the U-visa.

In cases dealing with minors or someone who is incapacitated, the parents may be able to join in the application. Derivative family members could also join a U-visa application if they were not at the scene. Each of those has it is own definitions depending on who the survivor is and should be determined by an attorney. Individuals with criminal records, deportation proceedings, or a history of previous deportation proceedings could also apply for the U-visa.

Contesting an Inadmissible Application

An applicant may be found inadmissible given the specific facts of their record. Applicants could speak to a seasoned attorney to look at all the grounds of the inadmissibility and see what needs to be waived.

The applicant typically fills out Form I-192 to apply for a waiver. It could be important to speak to an attorney since the form requires that the applicant declares each of the reasons why they are inadmissible to the United States. If they fail to do so, that could become an issue later on. If one is applying for a green card through the U visa, they may not able to adjust if they are found inadmissible at that time.

Obtaining a Law Enforcement Certification

The law enforcement certification is Form I-918 Supplement B. It certifies to the USCIS that the individual is the survivor of a qualifying crime and they were helpful in the investigation. The survivor could reach out to law enforcement to obtain that certification. The agency has their own way filling out the form or answering it in the State of Illinois. Recent legislation has directed law enforcement to cooperate in filling out the I-918 certifications under the VOICES Act. It was turned into a statute on January 1, 2019.

Evidence Required to Get Certification

Evidence to include in a law enforcement certification depends on the agency. Individuals are recommended to collect police reports, medical records, and other evidence of the crime. When an attorney represents a U-visa applicant in Oak Brook, they draft the letter to law enforcement indicating how the person qualifies and follows up with law enforcement.

A Seasoned Oak Brook Attorney Could Help With Your U Visa Application

While the Oak Brook U-visa application requires individuals to jump through multiple hoops, help could be available in the form of a dedicated immigration lawyer. An attorney could help individuals apply from in and out of the country. Experienced lawyers are familiar with the evidence and documents needed for a person’s application. Contact us today to begin the application process.

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