How a U Visa Work Permit Can Empower Immigrant Survivors of Crime

How a U Visa Work Permit Can Empower Immigrant Survivors of Crime

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The U Visa work permit is something that people seeking this immigration benefit often think about. Beneficiaries of the U Visa may not be able to work right away; therefore, a special permit can be issued with the help of a U Visa immigration attorney.

Key Takeaways

• Legal status in the US. The U Visa provides legal status and work authorization to victims of specific crimes who assist law enforcement in their investigations.
• Work while the case is pending. The U Visa work permit allows beneficiaries to work legally in the US while their visa application is pending, offering financial stability.
• An immigration lawyer can help. The processing of U Visa work permits can take several years, but an experienced immigration attorney can help expedite the process.

What is the U Visa?

The U Visa or the U nonimmigrant status was created for victims of certain crimes who have suffered abuse (mental or physical) and are helpful to law enforcement in the investigation of criminal activity.

According to the information found in the United States Citizenship and Immigration Services, USCIS, about the U nonimmigrant status, the US Congress created this visa with the passage of the Victims of Trafficking and Violence Protection Act (including the Battered Immigrant Women’s Protection Act) in October 2000 [1].

This new law’s purpose was to strengthen law enforcement’s ability to investigate and prosecute domestic violence, trafficking of noncitizens, sexual assault cases, and more while protecting victims of crimes of this sort.

What is the U Visa work permit, and why is it important?

The U Visa work permit is a special benefit that people who have applied for the U Visa can request to be able to work legally in the United States while their case is pending.

A U Visa work permit can provide the holder with the ability to support themselves financially while cooperating with the authorities in criminal investigations.

You may be then wondering what the U Visa work permit processing time is, right?

The processing time for a U Visa work permit can vary depending on several factors, including the current backlog at USCIS, the complexity of the case, and whether the applicant meets all eligibility requirements.

How to get a work permit with a U visa?

There are two pathways to obtaining U visa work authorization and deferred action:

1. Through a bona fide determination (good faith determination).

2. Through the waiting list.

USCIS decides by discretion who can be granted employment authorization to noncitizens while pending bona fide U Visas. The goal is to provide victims with stability while assisting law enforcement.

You should also know that the bona fide application process applies to “all Form I-918 petitions pending as of June 14, 2021, filed by principal petitioners and qualifying family members living in the United States, as well as Form I-918 petitions filed on or after this date by principal petitioners and their qualifying family members living in the United States”, as you can read on the USCIS website [2].

Keep in mind that either option could take several years to process, but an immigration lawyer can help you accelerate the process.

How soon can you work with a U Visa work permit?

Once you receive your U Visa work permit, you should go to the nearest Social Security office with the employment authorization card and request a Social Security number (SSN) [3].

As soon as you have your SSN, you can work lawfully as long as your work authorization is valid. It usually has a 2-year expiration date, and if the U Visa has not been approved at that point, you can file for a work authorization renewal.

Get support from a U Visa lawyer

If you are in San Diego, California, and need help with your U Visa petition or have questions about the U Visa work permit, contact Kannan Law, immigration, and U Visa attorneys. Our wide experience and knowledge are your best allies when it comes to your immigration status in the United States.

Summary

The U Visa is a form of protection for victims of certain crimes, offering them the opportunity to legally stay and work in the United States while assisting law enforcement in criminal investigations. Created by the Victims of Trafficking and Violence Protection Act in 2000, this visa aims to support vulnerable individuals who have suffered abuse by allowing them to apply for a work permit. This permit helps beneficiaries financially sustain themselves during the often lengthy visa processing period. Obtaining a U Visa work permit involves navigating through complex legal pathways, which can be expedited with the assistance of an immigration attorney.

Frequently Asked Questions

Can you get a Visa U if you have criminal record?

The U Visa grants certain waivers, depending on the crime. We can mention:

• Pardon for unlawful presence
• Pardon for deportation
• Pardon for immigration violations
• Pardon for misdemeanors

How do I know if I’m eligible for the U Visa?

To know about your U Visa eligibility, you should contact an experienced U Visa lawyer. However, U Visas are offered to those who have been victims of a crime that took place in the US, have reliable information about the crime, and have helped law enforcement investigate and prosecute that crime.

You will also show that you suffered substantial mental or physical harm from the crime you were a victim of.