Uビザ弁護士

The U Visa (U Nonimmigrant Status) is a humanitarian immigration benefit created by Congress to protect non-citizen victims of qualifying crimes who assist law enforcement. To qualify for a U Visa, you must meet the following criteria:

• You were the victim of a qualifying criminal activity that occurred in the U.S. or violated U.S. laws.
• You suffered substantial physical or mental abuse as a result of the victimization.
• You possess information about the crime and have been helpful, are being helpful, or are likely to be helpful to law enforcement in the investigation or prosecution.

You are admissible to the U.S., or you obtain an Immigration Waiver (Form I-192) to forgive prior immigration violations or inadmissibility grounds.

Qualifying criminal activities under federal law include, but are not limited to:

• Domestic violence and felony assault
• Sexual assault, rape, and abusive sexual contact
• Human trafficking, involuntary servitude, and false imprisonment
• Extortion, blackmail, and witness tampering
• Kidnapping, manslaughter
• or other related violent offenses

Form I-918 Supplement B is a mandatory document that must be signed by a designated law enforcement official (such as a police department, prosecutor, judge, or child protective services agency). This certification confirms that a qualifying crime occurred, that you were the victim, and that you cooperated in the investigation or prosecution. Obtaining a signed Form I-918B is a prerequisite before filing your U Visa application with USCIS.

Yes. Due to long statutory backlogs (capped at 10,000 principal visas per year), USCIS established the Bona Fide Determination (BFD) process. Once USCIS conducts an initial review and determines your petition is complete and filed in good faith, they will grant you:

• Deferred Action: Temporary protection from removal proceedings and deportation.
• Employment Authorization Document (EAD): A 4-year renewable work permit (Category c14) that allows you to work legally for any U.S. employer and obtain a Social Security Number.

Yes. Certain family members can be included as derivative applicants under your Form I-918 petition:

• If you are 21 or older: You can petition for your spouse and unmarried children under age 21.
• If you are under 21: You can petition for your spouse, unmarried children under 21, parents, and unmarried siblings under age 18.

Derivative family members may also receive deferred action and work permits upon Bona Fide Determination approval.

After receiving full U Visa approval and maintaining continuous physical presence in the United States for at least 3 years in U nonimmigrant status, you become eligible to apply for Lawful Permanent Residence (a Green Card) by filing Form I-485. You must also show that your continued presence in the U.S. is justified on humanitarian grounds or serves the public interest.

Yes. The U Visa was specifically designed to protect undocumented immigrants and encourage crime reporting without fear of deportation. Furthermore, U Visa applicants can request a comprehensive Inadmissibility Waiver (Form I-192), which can forgive past unlawful presence, uninspected entries, or prior orders of removal.

U Visa petitions require strategic coordination with local law enforcement agencies, detailed personal declarations, and rigorous legal arguments for hardship and admissibility waivers. At Transparent Justice Law Firm, P.C., Attorney Tina Genovese-Muñoz draws on her background as a former USCIS officer to ensure your evidence, law enforcement certifications, and waiver requests are meticulously prepared to withstand government scrutiny.