If I have a U Visa, when can I get a Green Card?
If I have a U Visa, when can I get a Green Card?
If I have a U Visa, when can I get a Green Card?
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.
Immigrants holding a U visa may stay in the country 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.
“Congress created the U nonimmigrant visa with the passage of the Victims of Trafficking and Violence Protection Act (including the Battered Immigrant Women’s Protection Act) in October 2000. The legislation was intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, trafficking of aliens and other crimes, while also protecting victims of crimes who have suffered substantial mental or physical abuse due to the crime and are willing to help law enforcement authorities in the investigation or prosecution of the criminal activity”, states the US Citizen and Immigration Services (USCIS) website.
How long will it take for a U Visa holder to obtain a Green Card?
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 obtain a Green Card, we recommend you contact a professional immigration lawyer in California that 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 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 assure success and we know exactly what steps to take in each case. Our team will be ready to speak with you.
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