U visa for victims of domestic violence during the coronavirus pandemic

U visa for victims of domestic violence during the coronavirus pandemic

Do you need to know more about the U Visa? Call us today at (619) 746-8879

Domestic violence has been an issue during the coronavirus Covid-19 pandemic. In San Diego County, the authorities have said that calls related to this matter have not stopped since the quarantine began a few months ago. For this reason, we want to inform you about a type of visa called the U visa, allowing victims of crimes to stay in the United States or travel to the country.

The U visa, T visa, and VAWA are visas created for victims of a crime. The U visa is meant explicitly for victims of serious crimes, and domestic violence can be considered as such. Besides, through a U visa, you can then request a US permanent residency or a Green Card.

What do you need to know about the U visa?

The U visa can help crime victims feel safer reporting crimes, according to the Department of Homeland Security (DHS). If this visa is approved for the victim, they will be provided with:

• Temporary immigration status including work authorization;
• Temporary immigration status for qualifying family members of the victim; and
• The possibility of lawful permanent resident status.

The organism in charge of determining if a person is eligible for a U visa is the US Citizenship and Immigration Services, USCIS, within the DHS. They will work together with law enforcement to determine if the person is a victim of a qualifying crime or criminal history; has information about a crime or illegal activity, and is, was, or is likely to help detect or investigate the qualifying crime or criminal activity, or the prosecution, conviction, or sentencing of the perpetrator of the qualifying crime or unlawful activity. 

The qualifying crimes for a U visa are:

• Violent crimes: murder, manslaughter, vehicular homicide, robbery, felonious assault, stalking, and domestic violence.
• Enslavement crimes: criminal restraint, kidnapping, abduction, being held hostage, forced labor, slavery, human trafficking, indentured or debt servitude, and false imprisonment.
• Sexual crimes: rape, incest, sexual trafficking, sexual assault and abusive sexual contact, prostitution, sexual exploitation, and female genital mutilation.
• Obstruction of justice crimes: perjury, witness tampering, withholding evidence.
• Fraud in foreign labor contracting.

How to qualify for a U visa?

To qualify, a victim must submit a signed certification from a law enforcement official, known as Form 1-918, Supplement B, U Nonimmigrant Status Certification. This is evidence in support of the petition to USCIS for a U nonimmigrant status. We advise you to seek help and guidance from an immigration lawyer in San Diego to fill out your form and initiating the visa request process.

However, it is not enough to be a victim of a qualifying crime; you have to have suffered “substantial” physical injury or mental anguish due to that crime. Also, you have to provide medical records and affidavits to support your claim. Some of the things USCIS will consider to determine if the crime you suffered was substantial will be the severity of your injuries, the length of the abuse, and if it caused you permanent harm.

Finally, to qualify for a U visa, you must have useful information about the criminal activity from the abuser that can help law enforcement bring that person to justice. You also need to be admissible to the United States, or you are applying for a waiver using Form I-192, Application for Advance Permission to Enter as a Nonimmigrant.

Your qualifying family members can receive derivative U visas

Your unmarried children under 21 years, your spouse, your parents if you are under 21 years, and your unmarried siblings under 18 years can be eligible to become derivative U visa recipients if the principal petitioner’s application is approved.

You will need to submit Form I-918, Supplement A, Petition for Qualifying Family Member of U Visa Recipient along with your petition, or after your U visa is approved.

If you want to read more information about which visa you can apply for, we recommend reading this post. Get in touch with an immigration attorney in San Diego who will guide you through all the steps and confirm if the U visa is the best option for immigrating to the United States. Contact Kannan Law today.