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Read article →Milwaukee, Waukesha, Racine, Kenosha, and Sheboygan counties · Chicago Immigration Court
U visa for crime victims
If you were the victim of certain crimes in the United States and helped, are helping, or are willing to help police or prosecutors, the law offers temporary status with a work permit and, later, a path to residency. Attorney Javier Irizarry Lugo prepares the petition and handles the certification with the right agency.
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Chicago Immigration Court · Wisconsin circuit courts
Who may qualify
- Victims of crimes such as domestic violence, sexual assault, felonious assault, kidnapping, extortion, trafficking, obstruction of justice or witness tampering, among others on the statutory list, that occurred in the United States.
- You must have suffered substantial physical or mental abuse as a result of the crime.
- You must have information about the crime and have been helpful, be helpful, or be willing to be helpful to police, prosecutors or a judge. An agency certifies that cooperation on Form I-918, Supplement B.
- Certain family members can be included: spouse and unmarried children under 21; if the victim is under 21, also parents and unmarried siblings under 18.
- The law limits principal U visas to 10,000 per fiscal year, and there are more petitions than visas. While waiting, a petition found bona fide can receive deferred action and a work permit.
What the attorney does
- Determines whether the crime is on the list and whether there is proof of harm: police reports, medical records, psychological evaluation, statements.
- Requests the certification from the right agency (police, prosecutor, court or another agency with authority) and follows up; without the certification there is no petition.
- Prepares the petition with your personal statement and the evidence, including any inadmissibility waiver that is needed.
- After three years in U status, prepares the residency application.
What to bring to the consultation
- Police reports, case number and the name of the detective or prosecutor.
- Medical or therapy records related to the crime.
- Restraining orders, subpoenas or court papers where you were the victim or a witness.
- Passport and any prior immigration paper.
- Birth or marriage certificates of family members you want to include.
Common questions
Does the crime have to have ended in a conviction?
No. What matters is that you were a victim, that there was an investigation or prosecution, and that you cooperated or are willing to. Many certifications are signed in cases without a conviction.
What if the crime was many years ago?
There is no deadline for the petition. The practical difficulty is getting an agency to certify an old case; the attorney requests it with the complete file.
Can I apply if I am in removal proceedings?
Yes. The petition is filed with USCIS even if you have a court case, and the attorney can ask the judge for time while USCIS decides.
I have a prior removal order or entries without inspection. Does that disqualify me?
Not necessarily. Many admissibility problems can be waived in a U petition with Form I-192. It is analyzed case by case.
How long is the wait?
Years, because of the annual cap. USCIS publishes its times; the attorney explains where your case stands and what protection you have meanwhile.