A Compassionate Fort Lauderdale Immigration Law Office Dedicated to Helping Foreign Nationals Obtain U Visas After Being Victims of Serious Crimes

When a foreign national enters the United States in pursuit of the American Dream, many significant milestones potentially await them on their immigration journey. Depending on whether they immigrated through family-based immigration or other means, they may have been legally admitted into the country with a family member or a United States citizen spouse serving as their sponsor. While we certainly hope that all immigrants not only go through a simplified legal process of immigration into the United States, we also hope that they enjoy their new life free from victimization and violence. However, in many unfortunate circumstances, both visitors to the country and those with lawful permanent resident status face difficulties upon their arrival into the country, sometimes at the fault of other individuals who victimize them with criminal acts, domestic violence, mental abuse, and other unforgivable actions. In such situations, immigrants may have a unique immigration option that allows them to acquire a U visa.

U visas are available to non-citizens who have been victims of serious criminal acts, including sexual assault, human trafficking, extortion, kidnapping, and domestic violence. The qualifying crimes must have occurred within the United States or otherwise have violated federal immigration laws. To successfully obtain a U visa and the protections it provides, the applicant must demonstrate that they suffered substantial harm at the hands of the aggressors and that they possess useful information that could aid law enforcement in investigating and prosecuting the crime.

For those who hope to petition for a U visa, it is essential to have someone well-versed in immigration and nationality laws to represent your interests. Our Fort Lauderdale immigration law firm proudly represents clients in complex legal matters related to U visas and other immigration issues. As your legal representative, our experienced immigration law firm will provide consistent and transparent communication, ensuring you can always make informed decisions about your immigration case.

In addition to serving clients in Fort Lauderdale, FL, our immigration attorney also provides compassionate legal counsel to prospective new clients in and around Broward County, including West Palm Beach, Coral Springs, and Miami-Dade. To learn more about the benefits of retaining the legal services of our dedicated Fort Lauderdale immigration attorney, please schedule your free initial consultation with our law office today.

Who May Potentially Qualify for a U Visa?

To qualify for a U visa, the non-citizen must meet several eligibility requirements that extend beyond simply being a victim of a criminal offense. United States laws require applicants to meet specific criteria to file a successful application, or they risk being denied by USCIS.

Eligibility criteria for a U visa include, but are not necessarily limited to, the following:

• You either were the victim or are currently the victim of criminal activities defined by USCIS requirements.
• As a result of the criminal activity, you suffered substantial physical harm or significant mental abuse.
• You can provide helpful information about the criminal acts that were committed.
• You must be willing and able to cooperate with law enforcement in the investigation, as well as potentially the prosecution of the crime.
• The alleged criminal offense must have either transpired within the United States borders or otherwise have violated US laws.
• Applicants must be legally admissible to the United States. Those who are inadmissible must speak with an experienced immigration attorney to discuss the possibility of securing a waiver of inadmissibility.

Can a Family Member Also Qualify for a Non-Immigrant Visa?

Family members of immigrant victims of qualifying crimes may also be eligible for U visas. Relatives that may qualify for family immigration purposes include spouses and unmarried children. If the victim of the crime was a minor at the time of the incident, his or her parents and siblings may also be eligible.

In certain circumstances, bystander victims may also be eligible for a U visa.

Are There Annual Caps on the Number of U Visas Available?

There are annual limits on the number of U visas that can be issued. If all the many thousands of U visas have already been distributed, the USCIS will establish a waiting list for new petitioners. Those on the waiting list may be granted deferred action or parole and may be eligible to apply for work authorization pending the availability of a U visa.

What Are Examples of Criminal Activity That Could Potentially Qualify a Victim for a U Visa?

Many different criminal actions could potentially qualify under United States immigration laws. However, not only must the victim prove that they suffered substantial harm due to the eligible crime, but they must also be willing to cooperate with law enforcement agencies.

Eligible crimes for U visa applications include, but are not necessarily limited to, the following:

• Armed robbery
• Unlawful criminal restraint
• Extortion that causes significant harm
• Witness tampering and intimidation
• Abduction and kidnapping
• Sexual abuse and sexual assault, as well as other sex crimes
• Human trafficking 
• Torture
• Blackmail
• Slave trade
• Rape
• Domestic violence
• Obstruction of justice
• Sexual exploitation and prostitution
• Perjury
• Felonious assault
• Involuntary servitude
• Genital mutilation
• False imprisonment and hostage taking
• Incest
• Murder and manslaughter
• Stalking

What Are the Cooperation Requirements for U Visas in South Florida?

In addition to proving that you suffered significant harm as a result of the criminal activity, you must also be able to provide helpful information in the investigation or prosecution of the qualifying offense.

Cooperation with law enforcement authorities typically requires the following: 

• Providing helpful information about the criminal acts to the appropriate authorities
• Participate in the criminal investigation to the best of your abilities when law enforcement requests your availability
• Testifying under oath in courtroom proceedings, if and when the criminal case moves forward
• Consistently maintaining availability and easy accessibility for ongoing law enforcement contact 

What is the Legal Process of Applying for a U Visa?

The first stage of the U visa application process involves an authorized law enforcement officer certifying that the qualifying crime occurred and that the victim was cooperative in the investigation. After receiving the certification, the crime victim may be eligible to apply for a U visa in South Florida.

The next step involves submitting Form I-918, the petition for your non-immigrant status. The properly completed form must also contain evidence of eligibility, which may include personal statements, official certifications, and other relevant documents.

When going through the application process, it is strongly recommended that you seek professional legal guidance from an experienced immigration lawyer in Fort Lauderdale. Our law firm proudly serves clients who have been victims of crimes and are seeking compensation from the United States government in recognition of their assistance in investigations and prosecutions. To discuss these and other immigration needs, please contact our Fort Lauderdale office to schedule your free case review today.

How to Obtain Permanent Legal Status After Being Issued a U Visa?

U visas enable crime victims to reside and work legally in the United States for up to four years. In certain circumstances, obtaining a U visa can also lead to eligibility for lawful permanent residency in the United States. For assistance with achieving legal immigration status through the green card process, please contact our law firm. There are many benefits to legal permanent residents in the United States, and a great lawyer can help explain whether you are eligible to apply for an adjustment of status.

Can U Visas Be Denied by U.S. Citizenship and Immigration Services?

The USCIS must carefully review all U visa applications. If it’s determined that your application does not meet the eligibility requirements, USCIS officials may deny your application. In such situations, please contact our Fort Lauderdale law office to discuss your immigration issues with an experienced attorney. 

How Can a Fort Lauderdale U Visa Lawyer Help You with Your Immigration Case?

When seeking the legal protections and other benefits of a U visa, we strongly recommend consulting with a professional lawyer who is well-versed in these immigration matters. As your legal representation, we can explain some of your options, including the potential of qualifying for the Violence Against Women Act (VAWA).

As your legal representative, the attorney will work to obtain all evidence and supporting information required to help you complete your U visa application, including the necessary police reports, certifications, and other records. With our assistance, we can also help you draft a compelling personal statement that details how the crime has affected you both physically and mentally. We will then work to ensure that the correct forms have been appropriately filled out and submitted to the proper authorities.

Contact Our Law Firm to Discuss the Benefits of Professional Legal Representation with an Experienced Fort Lauderdale Immigration Lawyer in a Free Consultation

Our Fort Lauderdale immigration law firm has extensive experience representing the interests of non-citizens who have been victimized by qualifying crimes while in the United States. As your legal representatives, we will explore all available immigration options and guide you through the various procedures to ensure that you receive the benefits and protections to which you are entitled.

To learn more about the benefits of retaining our legal services, please contact our Fort Lauderdale office to schedule your free initial consultation with our experienced team today. You can reach us at (954) 874-8806.