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U Visa
U Visa Attorney: Legal Help for Victims of Crime Seeking U.S. Residency in San Jose, Pleasanton, and Beyond the Bay Area
A U Visa is a form of immigration relief available for certain victims of domestic violence, sexual assault, trafficking, kidnapping, and other listed crimes. It is specifically designed for those who have suffered physical and mental abuse and are assisting government officials in investigating or prosecuting criminal activity. If granted, a U Visa provides immediate legal status in the United States and a pathway to Legal Permanent Residency (green card). Our U Visa attorneys at The Ahluwalia Firm, serving San Jose, Pleasanton, and beyond the Bay Area, specialize in guiding applicants through the complex U Visa process, helping victims of crime achieve legal status and protection in the U.S.
Qualifying for a U Visa
To qualify for a U Visa, the criminal activity must fall within one of the categories listed in the U visa statute. The qualifying crimes include:
- Rape
- Torture
- Trafficking
- Incest
- Domestic Violence
- Sexual Assault
- Abusive Sexual Contact
- Prostitution
- Sexual Exploitation
- Female Genital Mutilation
- Being Held Hostage
- Peonage
- Involuntary Servitude
- Slave Trade
- Kidnapping
- Abduction
- Unlawful Criminal Restraint
- False Imprisonment
- Blackmail
- Extortion
- Manslaughter
- Murder
- Felonious Assault
- Witness Tampering
- Obstruction of Justice
- Perjury
- Attempt, Conspiracy, or Solicitation to commit any of the aforementioned crimes.
If you or a loved one has been a victim of one of these crimes and are helping law enforcement, you may be eligible to apply for a U Visa. Our experienced U Visa attorneys in San Jose, Pleasanton, and beyond the Bay Area are here to guide you through every step of the process.
Family Members Eligible for a U Visa
Family members of U Visa applicants may also qualify for U Visa status. The eligibility depends on the age of the applicant:
- If the applicant is 21 years or older at the time of application, their spouse and children under 21 are eligible to receive a U visa.
- If the applicant is under 21, their spouse, children, parents, and unmarried siblings under 18 are eligible to receive a U visa as qualifying family members.
USCIS also takes into consideration whether the qualifying family member would suffer extreme hardship if the U Visa is not granted.
Evidentiary Requirements for U Visa Applications
Applicants must provide evidence to support their U Visa petition. This includes:
- Proof of Criminal Activity: Evidence that the applicant is a victim of a qualifying criminal activity as listed above or any similar activity in violation of U.S. law.
- Law Enforcement Certification: Certification from a law enforcement official, prosecutor, judge, or other relevant authorities that the criminal activity violated U.S. law and took place in the United States.
- Physical or Mental Abuse: Documentation of substantial physical or mental abuse suffered by the applicant as a result of the crime.
- Possession of Information: Proof that the applicant has information about the criminal activity.
- Helpfulness to Law Enforcement: Evidence that the applicant has been helpful, is being helpful, or is likely to be helpful in the investigation or prosecution of the criminal activity.
What Counts as Investigation or Prosecution for a U Visa?
The term “investigation or prosecution” is broad and includes the victim’s assistance in any aspect of detecting, investigating, prosecuting, convicting, or sentencing related to the criminal activity. Importantly, a U Visa certification does not require that law enforcement actually investigate or prosecute the crime beyond its reporting. The law enforcement official must only certify the victim’s willingness to be helpful in the detection, investigation, or prosecution of the crime.
Inadmissibility for U Visa Applicants
To be eligible for a U Visa, applicants must not be inadmissible based on certain grounds listed in the Immigration and Nationality Act (INA). These grounds include violations related to crimes, security concerns, foreign policy issues, or prior immigration violations. However, if the applicant is inadmissible, they may still apply for a waiver of inadmissibility, which asks USCIS to excuse those violations.
Our U Visa immigration lawyers in San Jose, Pleasanton, and beyond the Bay Area can help assess your situation and file the necessary waiver if required.
Contact Our U Visa Attorneys in San Jose, Pleasanton, and Beyond the Bay Area Today
If you are a victim of domestic violence, sexual assault, trafficking, or other crimes and are assisting law enforcement, contact The Ahluwalia Firm today. Our experienced U Visa attorneys in San Jose, Pleasanton, and beyond the Bay Area are dedicated to helping you through this complex process and securing your legal status in the U.S. Schedule a confidential consultation with our team and take the first step toward obtaining your U Visa and legal permanent residency.