After the U visa is approved, how long for a Green Card?

After the U visa is approved, how long for a Green Card?

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The U nonimmigrant status, also known as the U visa, is offered to victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the United States in the investigation or prosecution of criminal activity.

If you are a U visa holder or are considering this immigration route, you may be asking yourself, after the U visa is approved, how long for a Green Card?

Key Takeaways

• U visa holders are eligible to apply for a Green Card after maintaining a continuous physical presence in the US for at least three years.
• Applicants must demonstrate ongoing cooperation with law enforcement in the investigation or prosecution of the crime that granted them U visa status.
• The Green Card process for U visa holders can take one to two years, and applicants must meet specific eligibility criteria, such as proving their continued residence is justified on humanitarian grounds or in the public interest.

Immigrants holding a U visa may stay in the country for up to four years and after three years of continuous presence in the United States, they may adjust their status to become a lawful permanent resident and obtain a Green Card (lawful permanent residency).

During this period, you must meet certain eligibility requirements if you’re asking yourself “How to get a Green Card?”, such as:

1. Continuous presence in the US for at least three years while holding U visa status.
2. You must have ongoing cooperation with law enforcement in the investigation or prosecution of the crime for which your U visa was granted.
3. You need to show that your continued presence in the US is justified on humanitarian grounds, to ensure family unity, or is in the public interest.

What is the U visa?

According to the USCIS (United States Citizenship and Immigration Services) website, in October 2000, Congress established the U nonimmigrant visa through the Victims of Trafficking and Violence Protection Act, which included the Battered Immigrant Women’s Protection Act. This legislation aimed to enhance law enforcement agencies’ capacity to investigate and prosecute crimes such as domestic violence, sexual assault, and human trafficking.

It also provides protection for victims who have experienced significant physical or mental abuse as a result of these crimes and are willing to assist authorities in the investigation or prosecution of criminal activity.

The U visa allows immigrants to obtain a U visa work permit to be able to apply for jobs legally while assisting law enforcement and adjusting their status.

How long does it take to get a Green Card if you’re a U visa holder?

The process for a Green Card to be approved for U visa holders can vary from case to case, but generally, the process takes up to one or two years. Some of the requirements a person must meet are:

• The applicant was lawfully admitted into the United States under U nonimmigrant status;
• The applicant is currently in the United States with valid U nonimmigrant status;
• The applicant has maintained a continuous physical presence in the United States for at least three years since admission into the country as a U nonimmigrant;
• The applicant has not unreasonably refused to assist law enforcement and government officials in the investigation or prosecution of their case;
• The applicant is not considered inadmissible to the United States under INA;
• The applicant’s continued residence in the United States is justifiable;
• The applicant merits a favorable exercise of discretion.

To “convert” a U visa to Green Card, we recommend you contact a professional immigration lawyer in California who will assist you in your process. After doing so, you will need to complete Form I-485 and obtain a copy of your Approval Notice (Form I-797) from your original Petition for U Nonimmigrant Status (Form I-918).

In addition, copies of each page of your passport and other relevant travel documents during your period under U nonimmigrant status will be needed, as well as an affidavit that attests to your continuous physical presence in the country for at least three years.

Finally, you will need to gather evidence that you have been actively cooperating with law enforcement and government officials in the investigation or prosecution of your case.

You will also need additional documentation that an immigration attorney can help you with. If you do not have one yet, contact us today at Kannan Law! Your Green Card application must be done correctly to ensure success and we know exactly what steps to take in each case. Our team will be ready to speak with you.

Summary

After a U visa is approved, a holder can apply for a Green Card (lawful permanent residency) after maintaining continuous presence in the U.S. for three years. The process takes about one to two years, depending on the case. To qualify, applicants must show that they have been cooperating with law enforcement and that their presence in the country is justified for humanitarian reasons, family unity, or public interest. An immigration attorney is recommended to ensure that all documentation, including Form I-485 and evidence of continuous presence, is correctly prepared for the Green Card application.

Frequently Asked Questions

Why is an immigration attorney important to apply for a Green Card if you’re a U visa holder?

An immigration attorney is important for a U visa holder applying for a Green Card (adjustment of status) for several key reasons:

1. Complex Legal Process: The transition from U visa holder to Green Card (lawful permanent resident) involves understanding specific requirements, such as demonstrating continuous physical presence in the US for at least three years and ensuring that the U visa was granted due to cooperation with law enforcement. An attorney helps navigate this process, ensuring proper documentation and application preparation.
2. Waivers and Exemptions: U visa holders often need waivers for past immigration violations or criminal records. An attorney can help assess eligibility for such waivers and guide the preparation of applications to mitigate risks of denial or deportation.
3. Avoiding Mistakes: Filing errors, incomplete forms, or missing documentation can delay or jeopardize your Green Card application. An immigration attorney ensures everything is correctly submitted and meets all legal standards.
4. Handling Complications: If there are complications, such as travel issues, inadmissibility concerns, or other legal obstacles, an attorney can provide expert advice and solutions to avoid delays or denials.
5. Legal Updates: Immigration laws and policies frequently change. An attorney is up-to-date on these changes and ensures that your application complies with the latest requirements.

In short, an immigration attorney helps maximize the chances of success and minimizes the risk of errors in your Green Card application process.