Each year, thousands of individuals and families immigrate to the United States in search of economic prosperity, employment opportunities, better access to education, or medical care. Some people desire to immigrate to America in order to flee dangerous situations or because they are victims of criminal activity. These might include victims of human trafficking, abduction, drug cartels, domestic violence or other serious crimes. Thankfully, United States law offers visas specifically for victims of criminal activity to allow them to seek freedom from harmful individuals, situations or criminal groups.

The U Nonimmigrant Status, called U Visa, is specifically reserved for victims who have suffered significant physical or mental abuse and are willing to aid law enforcement in the investigation and prosecution of abusers or criminals. The U Visa provides substantial benefits and protections for the victim and their family, as well as law enforcement agencies investigating and prosecuting criminals and criminal organizations.

There are four statutory eligibility requirements to become eligible for U Nonimmigrant Status. First, the individual must have suffered mental or physical abuse as a victim of a qualifying criminal activity. Second, the individual must be helpful, or likely to be helpful in the investigation or prosecution of the criminal activity. Third, the individual must also have information concerning the criminal activity to confirm their status and abuse. Fourth, the crime must constitute an activity that is in violation of U.S. laws.

If an individual is granted the U Visa, they can remain in the U.S. for up to four years, and can eventually apply for permanent residency. The individual can also petition on behalf of qualifying family members to receive a U nonimmigrant derivative visa, and the family members may also be eligible to apply for a green card. For individuals under age 21, qualifying family members may include a spouse, children, parents and siblings under age 18. Individuals 21 and over may only petition on behalf of a spouse and children.

There is a growing number of victims of various criminal activities seeking protection through U Visas. Unfortunately, U.S. Citizenship and Immigration Services has an annual cap on available U Visas each fiscal year. As a result, only 10,000 victims are granted U Visas, but the cap is reached much earlier year after year. Because of the high demand for U Visas, it is imperative for individuals to secure legal representation to ensure all paperwork and court proceedings are completed with accuracy and efficiency.

Christiansen Law Firm has extensive experience in Immigration Law, with a team of Immigration Law attorneys ready to provide expert legal services for each step of the immigration process. Our attorneys advise foreign nationals about their options for family-based nonimmigrant and immigrant visas, help resolve obstacles to entry, and find the best approach for individual circumstances. Contact Christiansen Law Firm today at our Houston or San Antonio offices for more information, or to schedule a free consultation.