Robbery is not listed as a qualifying crime for the U Visa. There are many victims, however, who are victims of crimes that were charged as and reported and investigated as armed robberies. Can a felon apply for U visa? A conviction, prosecution, or arrest is not necessary for a victim to be eligible for relief.
Can a victim of a crime get a US visa?
To qualify for the U visa, the crime must have happened within US territory. Also, the victim of the crime must fulfill several criteria, such as: Be the victim of one of the crimes listed below. Have suffered physical or mental abuse from the crime. Be willing to cooperate with the US government regarding that crime.
How many victims of crime can apply for U-1 visa?
In October 2000, the United States Congress created the U nonimmigrant status for victims of criminal activity by passing the Victims of Trafficking and Violence Protection Act of 2000 (VTVPA). This visa category is limited to 10,000 principals with U-1 status per year.
Can a victim of crime apply for US permanent residence?
To be eligible for US permanent residence, besides having the U visa for 3 years, you must also have complied with US law enforcement requests. So you must have shared all information regarding the crime to the police and not withheld anything. What Are the Visas for Family Members of Victims of Crime?
What are the benefits of U visa status for victims?
In addition, the victim who gets the U visa status gives valuable information to police and other law enforcement regarding the crime. This information can then be used to track the criminal and make a conviction.
Is robbery a qualifying crime for U visa?
Robbery is not listed as a qualifying crime for the U Visa. There are many victims, however, who are victims of crimes that were charged as and reported and investigated as armed robberies.
What are the qualifying crimes for U visa?
Qualifying Criminal ActivitiesAbduction.Abusive Sexual Contact.Blackmail.Domestic Violence.Extortion.False Imprisonment.Female Genital Mutilation.Felonious Assault.More items...•
Can illegal apply for U visa?
Although the U visa is a non-immigrant status visa, the illegal immigrant applicant who has been awarded "deferred" status may apply for an Application for Employment Authorization. This authorization permit, if granted, will be reviewed on a yearly basis.
Does simple assault qualify for U visa?
So a simple assault or battery usually does not qualify for a U Visa. Again, the crime must be directed at your person–not just your property. So if your home is robbed while you are away, or your vehicle or property is damaged while you are absent, the crime does not qualify.
What percentage of U visas are approved?
Adjudicative outcomes have remained relatively constant over time: the approval rate is about 84% for principal petitioners (and 83% for derivatives) for petitions submitted in 2014 (the last year for which data are available).
Can U visa be denied?
Only USCIS may grant or deny a U visa after a full review of the petition to determine whether all the eligibility requirements have been met and a thorough background investigation. An individual may be eligible for a U visa if: He/she is the victim of qualifying criminal activity.
How long is the wait for U visa?
between 12 to 18 monthsAfter you submit your application, the U visa waiting time can range between 12 to 18 months. However, this process can be prolonged if you fail to correctly fill out the application or are required to submit additional documentation.
What is felonious assault for U visa?
Although the U Nonimmigrant statute does not list Aggravated Assault as a qualifying crime, it lists "felonious assault" which encompasses any crime of assault that is a felony. Therefore, the applicant can be correctly classified as victim of felonious assault.
Do you get a green card if you witness a crime?
To qualify for a Green Card as a crime victim, you must have U nonimmigrant status and meet certain eligibility requirements. U-1 nonimmigrant status is for victims of certain crimes who have suffered substantial physical or mental abuse and are helpful to the investigation or prosecution of the criminal activity.
How long does it take to get a green card through U visa?
Applications for an adjustment from U nonimmigrant status to lawful permanent residency are filed with the USCIS Vermont Service Center. The processing time for a green card can vary significantly from case to case, though it generally takes 1 – 2 years.
What is felonious assault for U visa?
Although the U Nonimmigrant statute does not list Aggravated Assault as a qualifying crime, it lists "felonious assault" which encompasses any crime of assault that is a felony. Therefore, the applicant can be correctly classified as victim of felonious assault.
How long does it take for U visa to be approved?
After you submit your application, the U visa waiting time can range between 12 to 18 months. However, this process can be prolonged if you fail to correctly fill out the application or are required to submit additional documentation.
How long is the U visa backlog?
USCIS caps the number of U visas each year at 10,000, even though tens of thousands of applicants apply every year. Once the cap is reached, the remaining applicants are placed on a waiting list. This creates a backlog that stretches back approximately five years.
Can you get a green card by being assaulted?
To qualify for a Green Card as a crime victim, you must have U nonimmigrant status and meet certain eligibility requirements. U-1 nonimmigrant status is for victims of certain crimes who have suffered substantial physical or mental abuse and are helpful to the investigation or prosecution of the criminal activity.
How old do you have to be to get a derivative U visa?
If you, the principal, are... Then... Under 21 years of age. You may petition on behalf of your spouse, children, parents and unmarried siblings under age 18.
What is a U visa?
The U nonimmigrant status (U visa) is set aside for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity. Congress created the U nonimmigrant visa with the passage of the Victims of Trafficking ...
How long is a nonimmigrant visa valid?
When U nonimmigrant status is granted, it is valid for four years. However, extensions are available in certain, limited circumstances if the extension is (PDF, 96.74 KB):
What is a nonimmigrant U?
U Nonimmigrant Eligibility. You are the victim of qualifying criminal activity. You have suffered substantial physical or mental abuse as a result of having been a victim of criminal activity. You have information about the criminal activity. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, ...
What form do I use to apply for a waiver for a nonimmigrant?
laws. You are admissible to the United States. If you are not admissible, you may apply for a waiver on a Form I-192, Application for Advance Permission to Enter as a Nonimmigrant.
What age can you be helpful to law enforcement?
You were helpful, are helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may assist law enforcement on your behalf.
How old do you have to be to file an I-918?
21 years of age or older. You may petition on behalf of your spouse and children. To petition for a qualified family member, you must file a Form I-918, Supplement A, Petition for Qualifying Family Member of U-1 Recipient, at the same time as your application or at a later time.
What is a U visa?
The U Visa is a special non-immigrant visa available to the victims of crimes that occurred in the United States or territories. It is a type of humanitarian protection aiming to increase the investigative ability of law enforcement and help victim of certain crimes. Aside from the location of the crime, the applicant must demonstrate that they have the following: 1 suffered substantial physical or mental harm as a result of having been a victim of ‘ qualifying criminal activity ‘; 2 possess credible and reliable information establishing that he or she has knowledge of the details concerning the qualifying criminal activity upon which his or her petition is based and 3 has been helpful is being helpful or 4 is likely to be helpful to a certifying agency in the investigation or persecution of the qualifying criminal activity.
What is a qualifying crime?
The qualifying crimes are typically violent, coercive or psychologically disruptive in nature. The most ambiguous part of U-Visas is defining substantial physical or mental abuse, as while many factors are considered, these factors can be subjective.
What happens if a couple is held hostage and cooperates with the police?
If, for example, during the crime, the couple was assaulted (it would have to be a felony) or, held hostage and cooperated with the police, then they would qualify. If the couple was held against their will, they might qualify as being victims of false imprisonment.
Is burglary a crime?
Burglary would not constitute a crime that one could claim in a U-Visa application. However, other crimes that would seemingly occur during a home invasion or as a result of a burglary might. Other circumstances may change the findings given above. For example, if one was inadmissible on other ground, they might have to file for an inadmissibility waiver.
Can you get a U Visa if you’re victim of burglary?
Many of those crimes are violent or coercive in nature. To qualify for a U-Visa, then, the applicants must have also been the victim of another crime that would qualify. While the 10,000 dollars lost in assets is substantial, its worth is technically irrelevant because burglary does not qualify. Thus, scenario must be given more context, to narrow down the possibilities of other crimes that might have been committed during the burglary.
How does a U visa protect victims?
The U visa protects victims by giving them legal status in the US where US law enforcement can stand with them against the crimes committed. In addition, the victim who gets the U visa status gives valuable information to police and other law enforcement regarding the crime.
What Are the Visas for Family Members of Victims of Crime?
As mentioned, with a U visa, you are allowed to bring your spouse, children, parents, and siblings under some circumstances with you in the US. After you get your own U visa, you can then petition for family members by filing Form I-918, Supplement A, Petition for Qualifying Family Member of U-1 Recipient.
What is the U Visa?
U Visa is a US non-immigrant for victims of criminal activity who have suffered mental and physical abuse. It is designed for two reasons:
What Are the Benefits of the U Visa?
Those victims who are granted U visa status have the right to remain in the US for the period that their visa is valid. They become legal non-immigrants and have the following rights:
How to Apply for the U visa?
When applying for a U Visa, you will need to complete a few main steps, in order to get the visa. These steps are as listed and clearly explained below:
How Much Does it Cost to Apply for a U Visa?
Since this applies to victims of crimes and violence, the application procedure is free of charge. There are no fees to apply for, but there are fees for filing some of the forms. However, to avoid these fees, you can file for a waiver by sending in a written request or Form I-912, Request for Fee Waiver.
How Long Does it Take to Process U visa?
Unfortunately, the U visa takes quite some time to process. It can take from 12 to 18 months for the U visa to be processed and approved.
Green Card for a Victim of a Crime (U Nonimmigrant)
U.S. immigration law allows noncitizens who have been victims of certain crimes and granted U nonimmigrant status (U visa) to become lawful permanent residents (get a Green Card). To qualify for a Green Card as a crime victim, you must have U nonimmigrant status and meet certain eligibility requirements.
Eligibility for Principal Applicant (U-1)
You have been physically present in the United States for a continuous period of at least three years since you were admitted as a U-1 nonimmigrant.
Ground of Inadmissibility
If you are adjusting status based on U nonimmigrant status, you are not generally required to be admissible to the United States. However, if you have participated in Nazi persecution, genocide, or the commission of any act of torture or extrajudicial killing, you are inadmissible under INA 212 (a) (3) (E) and you are ineligible for a Green Card.
How to Apply
If you are currently in the United States and you meet certain other requirements, you may file Form I-485, Application to Register Permanent Residence or Adjust Status.
Confidentiality Protections
If you are in U nonimmigrant status, special confidentiality protections apply to you. These are described in 8 U.S.C. section 1367 and in the USCIS Policy Manual, Volume 1, Part A, Chapter 5, Privacy and Confidentiality.
What to Submit (Principal Applicant)
Certified police and court records of criminal charges, arrests, or convictions (if applicable).
Family Members
Certain relatives of a U-1 nonimmigrant may also qualify for a Green Card, either as a derivative applicant or a qualifying family member who has never held derivative U nonimmigrant status.
Monica Newcomer Miller
It all depends on the facts and circumstances of every case. I presume you were in the car when you were robbed. If that's the case, most likely you may qualify to apply if the Police sign the certification. I would recommend that you contact an attorney to review your case.
Mohamed Riaz Musani
It is possible that this may qualify. It would be wise to discuss your options with an immigration attorney in person and have the attorney assist you with this process to make sure you have the best chance for success.
Freya S Williams
You may be eligible under these circumstances. Sorry you had to go through that.
Alex Bates
Yes, you should be able to qualify assuming all other qualifications for a U visa are met, namely that you have suffered substantial physical or mental abuse as a result of the qualifying criminal activity. Best to speak with an attorney who specializes in these matters.
Namita Agarwal
I'm moving your question to the Immigration category; someone there will be better able to assist you.
How to apply for a U visa if you are a U-1 victim?
Then you must schedule your U visa appointment at a U.S. Embassy or Consulate to apply for a visa.
How to file for a non-immigrant visa?
The first step toward petitioning for a U nonimmigrant visa is to file Form I-918, Petition for U Nonimmigrant Status , with the U.S. Citizenship and Immigration Services (USCIS). You must submit Form I-918 Supplement B, U Nonimmigrant Status Certification, at the same time you submit Form I-918. Review Victims of Criminal Activity on the USCIS website for more information about petitioning for a U visa.
What is a victim of a criminal activity?
Victims of certain criminal activities that either occurred in the United States or violated U.S. laws may be eligible to petition for U nonimmigrant status to the U.S. Citizenship and Immigration Services (USCIS). Victims must have suffered substantial mental or physical abuse due to the criminal activity and possess information concerning that criminal activity. Law enforcement authorities must also certify that the victim has been, is being, or is likely to be helpful in the investigation or prosecution of the criminal activity.
How to get U-1 status?
In order to receive U-1 nonimmigrant status, you must be eligible and you must comply with the application requirements set forth by USCIS. USCIS approves U nonimmigrant petitions both for people who are in the United States and for those abroad. Individuals already present in the United States who have an approved petition are immediately granted U nonimmigrant status by USCIS.
How long does a passport need to be valid for a visa interview?
Gather and prepare the following required documents before your visa interview: Passport valid for travel to the United States - Your passport must be valid for at least six months beyond your period of stay in the United States (unless exempt by country-specific agreements ).
What is the purpose of a visa interview?
During your visa interview, a consular officer will determine whether you are qualified to receive a visa, and if so, which visa category is appropriate based on your purpose of travel. You will need to establish that you meet the requirements under U.S. law to receive the category of visa for which you are applying.
Where do I apply for a visa for a non-immigrant?
If your Petition for U Nonimmigrant Status is approved by USCIS and you are outside of the United States, you must apply for a U visa at a U.S. Embassy or Consulate, generally in your country of permanent residence. You may request your visa appointment immediately upon receiving the Form I-797 from USCIS stating your U nonimmigrant petition was approved. Do not wait for the U.S. embassy or consulate to contact you.
