U Visa Attorney in Chicago, IL
Our U visa attorney in Chicago, IL supports crime victims who have helped authorities investigate and prosecute the perpetrators. The U visa comes with elaborate eligibility requirements applicants must meet in order to qualify, and our dedicated team wants to help you understand the process.
A viable path to U.S. residency for those who have aided government and law enforcement, the U visa allows immigrants to stay legally in the U.S. and protects them from deportation. Our U visa lawyer has deep experience helping visa seekers petition for U nonimmigrant status.
What Is a U Visa?
The U Nonimmigrant Status, also known as the U visa, is a special type of visa that grants legal stay in the USA to immigrants who have been victims of certain crimes that caused them substantial physical or mental abuse. Applicable only for crimes that occurred in the U.S., the victim must also have played a key role in assisting law enforcement to prosecute those crimes.
Created to protect immigrant crime victims from deportation, the U visa was established by the Victims of Trafficking and Violence Protection Act (2000). This legislation was intended to help law enforcement investigate and prosecute trafficking, domestic violence, sexual assault, and other crimes.
The U visa also provides noncitizens permanent residency status in the U.S. with an opportunity to become citizens and bring qualifying family members into the country. With the help of our Chicago, IL U visa attorney, applicants may be able to secure a Social Security number and work permit, which grants them the rights of citizens, including employment.
About 10,000 U visas can be granted each year. Note that U visas for qualifying family members are not included in that number. Once granted, it’s valid for 4 years with the opportunity to apply for a Green Card and become a United States citizen after 3 years.
What if You Don’t Get a U Visa?
Without a U visa or other documentation granting you the legal right to reside in the U.S., you risk being deported to your home country. Those without this visa cannot legally stay in the U.S., get a work permit, or apply for a Green Card in Chicago after holding the U visa for 3 years. And, if you are abroad, you won’t be able to enter the U.S. without it.
What are the U Visa Requirements?
To be eligible for a U visa in Chicago, IL, noncitizens must meet certain U visa requirements:
- You must be a victim of a qualifying crime and have suffered significant physical or mental abuse as a result.
- The crime happened in the United States or violated U.S. law.
- You must have information about the criminal activity
- You must have helped, be currently helping, or be likely to help U.S. law enforcement by offering information about the above criminal activity, answering questions related to it, testifying in court concerning it, and/or aiding with prosecution.
- You must be eligible to enter the U.S. If not, you may apply for a waiver on Form I-192, Application for Advance Permission to Enter as a Nonimmigrant.
Your eligibility for a U visa is inspected by the U.S. Citizenship and Immigration Services (USCIS) upon application.
What Crimes Qualify for a U Visa in Chicago?
The list of U visa-qualifying crimes includes, but is not limited to:
- Abduction
- Abusive Sexual Contact
- Blackmail
- Domestic Violence
- Extortion
- False Imprisonment
- Female Genital Mutilation
- Felonious Assault
- Fraud in Foreign Labor Contracting
- Hostage
- Incest
- Involuntary Servitude
- Kidnapping
- Manslaughter
- Murder
- Obstruction of Justice
- Peonage
- Perjury
- Prostitution
- Rape
- Sexual Assault
- Sexual Exploitation
- Slave Trade
- Stalking
- Torture
- Trafficking
- Witness Tampering
- Unlawful Criminal Restraint
- Other Related Crimes—includes activities with elements very similar to those of the crimes mentioned above. It also includes conspiracy, attempt, and solicitation to commit any of those crimes.
Are Family Members Covered by U Visas?
If you are eligible for a U visa, your qualifying family members may apply for it as derivative beneficiaries after you get your visa. Qualifying members are your spouse, children, parents, and unmarried siblings under 18 if you are under 21 years old. If you are 21 and over, only your spouse and children qualify for a U visa. Family beneficiaries must complete Form I-918, Supplement A, Petition for Qualifying Family Member of U-1 Recipient.
How To Apply for a U Visa in Chicago, IL
To apply for a U visa, fill out Form I-918 along with a statement of the criminal activity you are the victim of. You should also provide evidence of your eligibility to USCIS.
If you are outside the U.S., follow the instructions the USCIS Service Center sends you. If your application is approved, you continue the process to enter the country by following the steps the consular affairs offers at the nearest Embassy or Consulate give you.
What Documents Does a U Visa Application Include?
There are a variety of documents you may have to submit to complete your application, and an experienced Chicago U visa lawyer could help you determine which are required for you. You may have to submit some or all of the following:
- Form I-918, Petition for U Nonimmigrant Status
- Form I-918, Supplement B, U Nonimmigrant Status Certification, signed by an authorized official or a law enforcement agency, with the official confirming your past, present, or future help
- A detailed cover letter with an index of supporting documentation
- A detailed personal statement or affidavit
- Form I-765, Application for Employment Authorization, listed on the same fee waiver application as form I-192, if applicable, plus 2 passport photos and form I-765W to explain the economic necessity for work authorization. Use eligibility code c(14)
- Form G-28, Notice of Appearance as Attorney or Authorized Representative
- Evidence of identity: passport, birth certificate, visa (if applicable), and 2 passport photos if applying outside the U.S
If you don’t feel safe receiving USCIS mail at home, you may include a safe address in the mailing address filed on your application. You don’t have to live at that address for the USCIS to send your mail there.
Additional Documents for U Visa Application for People Not Admissible to the U.S.
Those who are not eligible to enter the U.S. may need to include these documents in their application:
- Form I-192, Application for Advance Permission to Enter as Nonimmigrant
- Immigration waiver
- Evidence for the waiver contains a detailed statement of the victimization, why the waiver is needed, and supporting documentation.
- Form I-912, fee waiver associated with Form I-192, with supporting documentation
Substantial Evidence of Victimization for U Visa Application: What Should It Include?
Since the U visa in Chicago is granted only to immigrants who have suffered physical and mental abuse, individuals need to include evidence of the crime and the abuse they underwent. Such evidence includes, but isn’t limited to, the following documents:
- Affidavit with a detailed description of the abuse
- Medical records proving the abuse
- Photographs of the injuries or property damage, along with affidavits for each
- Shelter records and other evidence that the victim sought shelter or protection
- Records and advisory reports
- Affidavits, declarations, or letters from police officers, medical workers, counselors, therapists, social workers, and shelter workers
- Police reports or records, complaints, or criminal court records
- Proof of your cooperation with the Chicago law enforcement agencies along with Form I-98 Supplement B, a certification from a police authority, prosecutor, judge, or advocate that proves the cooperation with the police. It must be signed by an officer and executed within 6 months of filing
Can a Chicago Immigration Attorney Help with the U Visa Application Process?
As with a variety of visa types, the U visa application process is very complex, with many forms to fill out and documents to submit to the USCIS service center. Our team of experienced U visa lawyers in Chicago could help you understand and fulfill the requirements.
Once you submit all required documents and supporting evidence to USCIS, you must wait for the immigration authorities to review your application and make a decision about granting you a U visa. This can take up to 5 years, which is why it’s advisable to hire a U visa attorney who could work on speeding up the process as much as possible.
Hire a U Visa Immigration Lawyer in Chicago, IL, for Support With Your Petition
Whether you need more information on the U visa or help with the application process, hiring an experienced immigration lawyer in Chicago could help your bid for nonimmigrant status.
Are you looking for a Chicago U visa lawyer? Our team of dedicated professionals have helped many immigrants overcome the challenges that come with the visa application process. No need to google “U visa lawyer near me”—contact us today!
FAQ
What is the difference between a U-visa, a T-visa, and a VAWA visa?
A U visa is issued to immigrants who have been victims of a violent crime, suffering mental or physical abuse, and helped/are helping/are likely to help law enforcement agencies with the investigation and prosecution of the crime.
A T-visa is issued to immigrants who have entered the country as a result of human trafficking. U visa-qualified immigrants first arrived in the country and then were subject to human trafficking or another qualifying crime. While a T-visa doesn’t require evidence that you knew you’d be a victim of human trafficking, a U-visa requires strong evidence of the committed crime.
The Violence Against Women Act (VAWA) visa is a bit different as it’s issued to immigrant spouses and children of U.S. citizens who have been abused by their spouse or parent.
Can you travel outside of the U.S. after the U visa is granted?
Yes, you can travel outside the U.S. once you get your U visa, but keep in mind that once you are approved by USCIS, you receive only “U Status,” which allows you to remain in the U.S. A travel visa is not automatically granted, and you must obtain a U Visa in order to re-enter the country. Our Chicago, IL U visa lawyer can help you with this process.
How much does a U Visa cost?
The U visa is free. You don’t need to pay anything to apply for it. However, depending on your finances, you may need to pay a fee if you are asked to send a waiver.