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What Happens After U-Visa is Approved: Key Steps and Expectations
The U visa is a significant milestone for immigrants who have been victims of certain crimes and have provided aid to law enforcement in the investigation and prosecution of those crimes. After years of waiting and undergoing a thorough application process, receiving an approved U visa can be life-changing. However, this approval is just the beginning of a new journey that comes with both rights and responsibilities.
Once a U visa is approved, recipients are granted non-immigrant status for four years, which allows them to live and work in the United States. Furthermore, they gain the ability to apply for lawful permanent residence (a green card) after holding the U visa for three years and meeting specific criteria mentioned here. It is essential for U visa holders to understand these next steps and follow the requirements to secure their future in the United States.
In addition to understanding the path toward permanent residence, it is crucial for U visa recipients to be aware of their rights and responsibilities following approval. Proper documentation, adherence to guidelines, and awareness of specific deadlines are essential components in ensuring a successful transition from a U visa holder to a lawful permanent resident.
Eligibility for U-Visa
The U-Visa is designed to protect eligible crime victims who have suffered substantial physical or mental abuse, providing them with a legal means to remain in the United States. To qualify for a U-Visa, an individual must meet specific criteria, including having experienced certain criminal activity, such as sexual assault, stalking, kidnapping, and other qualifying crimes.
A crucial aspect of the U-Visa application process is obtaining a certification from a competent law enforcement agency that confirms the applicant’s cooperation in investigating or prosecuting the criminal activity. This cooperation is essential, as it helps bring perpetrators to justice and supports efforts to prevent future crimes.
Once the U-Visa has been granted, the visa holder must maintain a continuous period of at least three years of physical presence in the United States. This requirement means that the U-Visa beneficiary should avoid leaving the country for 90 days in a row or 180 days in total during those three years source. Ensuring a continuous period of physical presence is crucial for maintaining eligibility for permanent residency, which can be applied for after three years of holding the U-Visa.
In conclusion, meeting eligibility requirements for a U-Visa enables crime victims to access protection and legal status in the United States. Key aspects of eligibility include experiencing a qualifying crime, cooperating with law enforcement, and maintaining a consistent physical presence in the country. Such provisions aim to support victims’ recovery while also bolstering broader crime prevention efforts.
Application Process
The U visa application process begins with the submission of Form I-918, Petition for U Nonimmigrant Status, to the United States Citizenship and Immigration Services (USCIS). This form serves as the primary document for requesting a U visa, which is designed for victims of certain crimes who have suffered substantial mental or physical abuse and are willing to assist law enforcement in the investigation or prosecution of the criminal activity.
Applicants must also submit a personal statement detailing their experiences and cooperation with law enforcement authorities, as well as any required supporting documents. These may include police reports, medical records, court documents, and other evidence demonstrating the harm suffered and the level of cooperation provided. Furthermore, applicants must obtain a certification from a qualifying law enforcement agency showing that their assistance is or was essential to the investigation or prosecution of the crime.
Once the U visa petition is submitted, USCIS will review the application to determine if it meets the necessary eligibility criteria. Due to the limited number of U visas granted each year – 10,000 – and the high volume of applications, the waiting period for a decision can be lengthy, sometimes taking up to five years.
During this time, applicants may be eligible for employment authorization based on a bona fide determination process, which USCIS implemented in June 2021 to provide work authorization for those with pending, bona fide U visa petitions.
Upon approval of the U visa, the applicant will receive an approval notice, which includes an I-94, indicating their authorized period of stay in the United States. After having U visa status for three years, recipients may apply for lawful permanent residence (also known as a green card), assuming they continue to meet the necessary eligibility requirements, such as physical presence in the country for a continuous period of at least three years.
U-Visa Approval
The U-Visa approval process is a significant step for victims of certain crimes who have suffered substantial physical or mental abuse and have cooperated with law enforcement in the investigation or prosecution of the criminal activity. Once the U-Visa application is approved, the applicant receives a number of benefits and documentation while residing in the United States.
Firstly, upon U-Visa approval, the applicant is granted U status. This status allows them to have lawful presence in the country for a period of four years. They will receive a U-Visa approval notice with an I-94 attached, which serves as evidence of their U status.
Another benefit of the U-Visa approval is deferred action. This means that the applicant is temporarily protected from being removed from the United States. They can continue to live and work in the country without fear of deportation during the length of their U status.
Approved U-Visa recipients are eligible for a work permit, formally known as an Employment Authorization Document (EAD). This document allows them to work legally in the United States. The EAD is usually valid for the same duration as their U status, typically four years. It’s important to note that obtaining the work permit is a separate application process, and the applicant needs to submit a request to the USCIS after the U-Visa approval.
In addition to the benefits already mentioned, U-Visa recipients may also be eligible to apply for lawful permanent residence, commonly known as a green card, after three years of continuous physical presence in the United States. According to USCIS guidelines, applicants with no significant negative factors, such as criminal history or immigration violations, are more likely to have their green card application approved.
In summary, U-Visa approval paves the way for eligible crime victims to have lawful presence, deferred action, work authorization, and the possibility of obtaining permanent residence in the United States. While the process can be complex, the benefits provided can make a substantial difference in the lives of those who qualify.
Family Benefits
After a U visa is approved, there are several benefits that extend to the family members of the principal applicant. These benefits contribute to family unity and offer support to the dependents of the U visa holder.
First, certain family members of the U visa holder can acquire derivative U status by filing Form I-918A, Petition for Qualifying Family Member of U Visa Recipient. This form can be submitted either at the time of the principal applicant’s application or after they receive approval source.
Once derivative U status is granted, family members can reside in the United States legally and enjoy the same protections as the U visa holder. This helps to ensure that families remain together and can support each other emotionally and financially.
Additionally, family members who receive derivative U status may apply for employment authorization by submitting Form I-765 along with their U visa application source. This benefit allows dependents to work legally in the United States, contributing to the family’s financial stability.
Once the principal applicant has held their U visa for three years, they can apply for lawful permanent residence (a green card) source. Lawful permanent residence offers additional benefits, including the ability to sponsor eligible family members for green cards. This further strengthens the family unit and provides a pathway to eventual U.S. citizenship.
In summary, the family benefits associated with U visa approval include derivative U status for eligible family members, legal residency, access to employment authorization, and the ability to apply for lawful permanent residence. These benefits help promote family unity, support dependents, and provide a stable future for U visa recipients and their families.
Travel and Reentry Privileges
After your U visa is approved, you will be granted U status. It is important to understand that U status is not an actual visa, and it does not automatically grant reentry privileges.
If you wish to travel outside the U.S. and return, you will need to obtain a visa from a U.S. embassy or consulate abroad. Before leaving the country, it is advisable to consult with an immigration attorney to ensure that your travel plans do not jeopardize your U status or create complications upon your return.
It is essential to have a valid passport when traveling internationally. Carry your valid passport and other relevant documents, such as your U visa approval notice, I-94 form, and evidence of your U status. These documents will be necessary when reentering the United States.
When it comes to reentry, U visa holders are subject to the same reentry procedures as other nonimmigrant visa holders. Be prepared for potential questioning at ports of entry, as immigration officials may verify your U visa status and eligibility to enter the United States.
In some cases, U visa holders may be required to obtain Advance Parole before departing the United States. Advance Parole is a document that grants permission for you to travel outside the U.S. and return without jeopardizing your U status. Be sure to consult with an immigration attorney before seeking Advance Parole.
In summary, while U visa holders can technically travel outside the U.S., they must obtain a visa from a U.S. embassy or consulate abroad to return. Valid passports, U visa approval notices, and other required documents are essential for reentry. It is always best to consult with an immigration attorney before making travel plans to ensure a smooth experience.
Adjustment of Status to Permanent Resident
After your U-visa is approved, you can apply for Adjustment of Status to become a Lawful Permanent Resident (LPR) and obtain a Green Card. This process involves meeting certain eligibility requirements and submitting an adjustment application to the United States Citizenship and Immigration Services (USCIS).
To qualify for adjustment of status, you must have had U nonimmigrant status for at least three years and have been living in the U.S. continuously during this time. Once you meet these requirements, you can start the process of obtaining lawful permanent residence.
When you’re eligible, you’ll need to file Form I-485, Application to Register Permanent Residence or Adjust Status. Make sure to use the most recent edition of the form when filing. Along with the application, you may also be required to submit additional documentation, such as medical exam results and proof of your U nonimmigrant status.
The adjustment application process may take time, considering the USCIS’s processing times and the availability of immigrant visas. Your wait time will depend on your priority date and the Visa Bulletin published by the Department of State. The Visa Bulletin provides information on the current availability of immigrant visas for different categories, including U nonimmigrant visa holders.
It is essential to note that your application could be delayed or denied if you don’t meet the eligibility requirements for adjustment of status, or if you submit incomplete or incorrect information. Therefore, ensure that you meet all requirements and provide accurate documentation to increase the chances of your application being approved.
Once your adjustment of status is approved, you’ll receive your Green Card, granting you lawful permanent residence in the United States. As a permanent resident, you’ll have access to various benefits, including the ability to live and work in the U.S. indefinitely, as well as the opportunity to apply for U.S. citizenship in the future.
Inadmissibility and Waivers
The U-visa approval process may involve addressing issues of inadmissibility, which can affect an applicant’s eligibility. However, many grounds of inadmissibility can be overcome by applying for a waiver of inadmissibility, using Form I-192. U-visa applicants have access to a broad and special inadmissibility waiver, as stated in INA § 212(d)(14).
One of the primary reasons for granting waivers of inadmissibility to U-visa applicants is on humanitarian grounds. These waivers can also be granted under the public interest or simply to ensure family unity. It is essential to note each case is assessed on an individual basis, taking into account the specific circumstances and factors involved.
In order to apply for a waiver, an applicant must complete Form I-192 and submit it along with their U-visa application. The form requires the applicant to provide information about their inadmissibility grounds and justification for requesting a waiver. Relevant documentation supporting the waiver request, such as police reports, court records, or medical records, may also be necessary.
Upon submission, the United States Citizenship and Immigration Services (USCIS) will review both the U-visa application and the waiver request. If the waiver of inadmissibility is granted, the applicant will be considered admissible and proceed with their U-visa application process. If the waiver is not granted, it could result in the denial of the U-visa application.
It is essential for applicants to understand the inadmissibility grounds they may face and the potential for obtaining a waiver, as this knowledge can significantly impact the outcome of their U-visa application.
U-Visa Denial
If an applicant’s U-Visa petition is denied, it is important to understand the possible reasons for denial and what steps to take next. The U-Visa program is designed to help victims of certain crimes who have been helpful to law enforcement and who have suffered substantial physical or mental harm. However, not all applications are approved, and denial can occur for various reasons.
One reason a U-Visa application may be denied is due to insufficient evidence. Applicants must provide substantial documentation to support their claims, including a law enforcement certification (Form I-918, Supplement B), evidence of the crime, their victim status, and their cooperation with law enforcement. Failure to provide sufficient evidence may result in a denial.
Another potential reason for U-Visa denial is a background check issue. Applicants who have a criminal history, immigration violations, or other negative factors that may outweigh the potential benefits of the U-Visa might experience denial. In such cases, the United States Citizenship and Immigration Services (USCIS) will weigh the negative factors against the public interest considerations before making a decision.
Upon receiving a denial, it is crucial to review the denial notice carefully. The notice will outline the reasons for the denial, allowing applicants to address these issues if they wish to challenge the decision or reapply at a later time. However, keep in mind that U-Visas are subject to a yearly cap, and the wait time can be prolonged even if there’s a strong case.
In some circumstances, applicants may be eligible to file an appeal with the USCIS or seek a review from a higher authority. For this, it is essential to consult an experienced immigration attorney who can provide guidance on the available options, timelines, and potential outcomes.
In summary, U-Visa denial can occur for various reasons, such as insufficient evidence, background check issues, or other factors that USCIS considers not in the public interest. Carefully reviewing the denial notice, addressing the issues highlighted, and consulting with an immigration attorney can help applicants determine their next course of action.
Consular Processing for U-Visa
After your U-Visa is approved, the next step in the process involves consular processing. Consular processing is necessary to obtain the actual U-Visa stamped in your passport, which will enable you to travel to and enter the United States.
The National Visa Center (NVC) plays a key role in this process. The NVC is responsible for pre-processing your U-Visa application, assigning your case number, and ensuring all necessary documentation is collected. The NVC then transfers your case to the appropriate U.S. consulate or embassy for further processing.
Once your case is with the U.S. consulate, they will review your application and schedule an interview. The interview is a critical step in the consular processing, as it allows consular officers to assess your eligibility for the U-Visa. It is important to arrive prepared for your interview, bringing all required documents and providing honest and accurate information.
During the consular processing, you may be required to pay certain fees associated with your application. These fees may include the application fee, visa issuance fee, and any additional fees for biometric services or other administrative tasks.
Throughout the entire process, it is essential to maintain proper communication with the Department of State, the NVC, and the consulate handling your case. Updating your contact information, such as your phone number, email, or residing address, ensures that you are reachable and aware of any changes or updates regarding your application.
Finally, after a successful interview, you may be issued your U-Visa. Be mindful that the visa will have an expiration date, indicating the period during which you are authorized to enter the United States. It is crucial to plan your travel accordingly and enter the country within the valid timeframe.
Legal Assistance and Resources
After a U visa is approved, it is crucial for the visa holder to explore legal assistance and resources available to them. Immigration attorneys play a significant role in providing guidance on processes related to lawful permanent residence and other immigration-related matters. They can help with adjusting status after having the U visa for three years and before it expires, as well as ensure that all requirements are met during this period source.
Medical care providers are an essential resource for U visa holders, addressing health-related needs and ensuring access to treatment. It’s vital for visa holders to seek proper medical care to address any physical or emotional trauma resulting from the criminal activity they experienced.
Cooperation with law enforcement is not only crucial during the U visa application process but also after its approval. Visa holders may still be expected to provide assistance in the investigation or prosecution of the criminal activity they experienced source. Staying in contact with law enforcement ensures eligibility for future immigration benefits and maintains good rapport with the officials involved in the case.
Government officials who handle U visa cases or oversee programs that aid crime victims are other valuable resources. They can guide U visa holders through available options and assist in accessing financial assistance, social services, or other support. Connecting with these officials can make a significant difference in the overall well-being and adjustment of U visa holders in the United States.
In summary, accessing legal assistance and resources is essential for U visa holders to successfully navigate life after obtaining the visa. Immigration attorneys, medical professionals, law enforcement, and government officials all play crucial roles in ensuring U visa recipients can transition effectively and receive the support they need.
Potential Issues and Challenges
After your U visa application is approved, you may still face several issues and challenges. One of the primary concerns is maintaining a continuous period of presence in the United States. To adjust your status to lawful permanent resident (green card holder), you need to have continuously resided in the US for three years while holding U visa status1.
While waiting for your U visa approval, you might encounter pending challenges. The current wait time for U-visa decisions is approximately 5 years as of June 2021. During this time, it is crucial to avoid any unlawful activities and maintain your eligibility for the U visa.
A work permit is essential for U visa holders to work legally in the US. To apply for a work permit, you need an Employment Authorization Document (EAD). You can file the EAD application concurrently with your U visa application or submit it after the U visa is approved. Keep in mind that processing for EAD might take additional time, and if your deadline for EAD approval passes, you could face challenges at your workplace.
One significant challenge some U visa applicants may face is unlawful presence in the US. The law permits some periods of unlawful presence for U visa applicants; however, it is essential to consult with an immigration attorney to evaluate your case and determine the potential impact on your application.
U visa applicants are often required to cooperate with law enforcement in the investigation and prosecution of the qualifying criminal activity. Failing to maintain this cooperation could jeopardize your U visa status and lead to revocation.
Furthermore, U visa recipients must consider the type of criminal activity that led to their application. For example, cases of domestic violence may bring additional emotional challenges while navigating the next steps after approval.
Finally, transitioning from a U visa status to citizenship remains a long and complex process. After obtaining a Green Card, an applicant has to wait for five years before applying for naturalization2. Throughout this time, it is vital to maintain good moral character and comply with all US immigration laws.