Victims of Crimes

U Visa Attorney Rancho Cucamonga

What are Immigration benefits for victims of crimes?

Individuals who become victims of certain crimes can receive the benefit of obtaining a U Visa if all of the following requirements are met:

  1. Suffered a substantial physical or mental harm as a result of having been a victim of a qualifying crime.
  2. Possess credible and reliable knowledge of the details of the qualifying criminal activity.
  3. Has been helpful, is being helpful, or is likely to be helpful to a certifying agency in the investigation or prosecution of the qualifying criminal activity; and
  4. The qualifying criminal activity occurred in the U.S., territories or possessions, or violated a U.S. Federal law that provides for extraterritorial jurisdiction.

What are the qualifying crimes for a U Visa?

  • 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 any similar activity where the elements of the crime are substantially similar.

†Also includes attempt, conspiracy, or solicitation to commit any of the above and other related crimes.

If I qualify for a U Visa, can I also help my family members?

Yes, you can help your parents if you are under 21, and you can also help your younger siblings, and if you are married, you can help your spouse and your children. There are other ways we can help other family members, but it will depend on each situation and if they were present or have knowledge of the qualifying crime.

What is form I-918, Supplement B, U Visa Certification?

It’s the form used to request a law enforcement, district attorney, judge or Department of Labor to complete and sign as part of his or her petition for U Visa. This certificate does not give you a U Visa, it is only the first step part of the forms that you’ll need to get a U Visa. As a U Visa Attorney in Rancho Cucamonga, Burga Law Firm PC has assisted many Immigrants in obtaining U Visa Certification. California Governor Jerry Brown passed a law requiring that Law Enforcement sign the U Visa Certifications within 90 days.

What is the processing time for a U Visa?

Due to the overwhelming amount of applications for U Visas. Currently, they are working on U Visa applications filed 2 and a half years ago. The number of U Visa applications filed each year is going up. A U Visa waitlist was created because USCIS can only grant 10,000 U Visas per year.

I was a victim of domestic violence, can I get a U Visa?

As a victim of domestic violence, you can obtain a U Visa, but if your Legal Permanent Resident or US Citizen Spouse, could receive a VAWA (Violence Against Women’s Act). This process does not require a U Visa certification (I-918-B)  from law enforcement.

What is VAWA?

VAWA stands for Violence Against Women Act. Congress made this law to protect women who have been victims of domestic violence. If you were a victim of domestic violence by a legal permanent resident or US Citizen, you could obtain a VAWA and later become a Legal Permanent Resident. If this applies to you, you should call a VAWA Attorney. Burga Law Firm PC is a VAWA Attorney in Rancho Cucamonga. Give us a call!

Can I include my family members in my VAWA application?

Not only the spouse of a US Citizen or Legal Permanent Resident can apply. The victim’s child may be included in the petition as a derivative beneficiary. Even if the child is the one who was battered and subjected to extreme cruelty, both parent and child benefit from the VAWA self-petition.

Have more questions about U Visas and VAWA? Gives us a call! (909) 538-8320 or send us a message on our free case evaluation form.