U-Visas/La Visa U in Los Angeles, CA
The U visa is a nonimmigrant visa which is set aside for victims of crimes (and their immediate family members) who have suffered substantial mental or physical abuse and are willing to assist law enforcement and government officials in the investigation or prosecution of the criminal activity.
There are six basic requirements for U nonimmigrant status:
- The applicant must have been a victim of a qualifying criminal activity.
- The applicant must have suffered substantial physical or mental abuse as a result of having been a victim of these criminal activities.
- The applicant must have information concerning that criminal activity.
- The applicant must have been helpful, is being helpful, or is likely to be helpful in the investigation or prosecution of the crime.
- The criminal activity occurred in the United States or violated U.S. laws.
- The applicant is admissible to the United States under current U.S. immigration laws and regulations. Those who are not admissible, may apply for a waiver on form I-192
To be eligible for a U-visa one must have been a victim of any of the following crimes:
- Abusive Sexual Contact
- Domestic Violence
- False Imprisonment
- Female Genital Mutilation
- Felonious Assault
- Fraud in Foreign Labor Contracting
- Involuntary Servitude
- Obstruction of Justice
- Sexual Assault
- Sexual Exploitation
- Slave Trade
- Witness Tampering
- Unlawful Criminal Restraint
- Other Related Crimes, including attempt, conspiracy, orsolicitation of any of these offenses, or similar activity where theelements of the crime are substantially similar.
The first step in applying for a U-visa is obtaining a signed certification from a law enforcement official, verifying that the crime victim was helpful, or is likely to be helpful in the investigation or prosecution of the crime. This signed certification is required in order to have your U-visa application approved.
It is also important to gather all evidence that you may have regarding the crime. For example, hospital records, proof of any therapy sessions, police reports, photographs, etc. Once the certification has been signed, and the evidence has been assembled, the actual application can be prepared and filed.
As is the case with all immigration applications, the first step is determining whether or not you even qualifying for the form of relief being sought. Attorney Sherwin C. Carballo can help evaluate your case over the phone, or through an in-office consultation.