U Nonimmigrant Status: When to Call a U Visa Lawyer

IMMIGRATION ATTORNEY LAURA LEON

The term U visa describes a special immigration status granted through one of many humanitarian relief programs offered by the United States. This special status is reserved for eligible foreign nationals in the United States after they have been a victim of a serious crime.

If you hear that a foreign national is granted a U visa, it means they are given U nonimmigrant status. A U visa lawyer is an experienced immigration attorney that is familiar with this special form of humanitarian relief.

Your U visa lawyer at Laura Leon Law understands:

  • U visa eligibility
  • How to apply for a U visa
  • How U visas can be used to prevent deportation in certain situations
  • How to apply for a green card as a U nonimmigrant, once eligible.

If you have been offered a U visa by law enforcement or another official, an experienced U visa lawyer can help you safely navigate the process. If you haven’t been offered a U visa yet, but want to see if you might be eligible, your U visa lawyer will take a careful look at your situation in a confidential consultation.

Table of Contents

CONTACT US TODAY
TO SCHEDULE A CONSULTATION

U Visa Requirements and Application Process

Step 1: An Experienced U Visa Lawyer Will Consider Your Eligibility

Your U visa lawyer will make sure you fulfill all U visa requirements before advising you to take any steps.

To be eligible for U nonimmigrant status: 

  • You must be the victim of a U visa qualifying crime.
  • You must have suffered significant mental or physical suffering because of the crime.
  • You must have information about the crime that may be helpful to law enforcement and be likely to help them.
  • You must be admissible to the United States or qualify for a waiver if necessary.
  • The crime must have violated U.S. laws or happened in the United States.
U visa Lawyer 02 - U Visa Eligibility Requirements_ What an Attorney Reviews First -Laura Leon Law

Step 2: Gather Supporting Evidence

After confirming your eligibility, you’ll need to collect documents that support your petition. Depending on your case, these may include:

  • Police reports or incident reports.
  • Court records related to the criminal case.
  • Medical or counseling records documenting your injuries or trauma.
  • Photographs or other evidence of the crime.
  • A personal statement describing what happened and how it affected you.
  • Any additional documentation that supports your eligibility.

Submitting organized and complete evidence can help USCIS better evaluate your petition.

Step 3: Complete and Submit the Required USCIS Forms

To apply for a U visa, your U visa lawyer will help you fill out a Form I-918, Petition for U Nonimmigrant Status and make sure that an official has filled out the Supplement B, U nonimmigrant Status Certification that U.S. Citizenship and Immigration Services (USCIS) will need to process your petition. They will also help you file any additional forms required for waivers or qualifying family members, if applicable.

Once your application package is complete, submit your petition to USCIS.

Step 4: Attend Your Biometrics Appointment

After USCIS accepts your petition, they will schedule a biometrics appointment to collect your fingerprints, photographs, and signatures as part of the agency’s background and security checks.

Step 5: Monitor Your Case and Respond to USCIS

You may check your case status online while your U visa application is pending. USCIS may request additional documentation before making a decision. If you receive a Request for Evidence (RFE), it is important to:

  • Review the request carefully.
  • Submit all requested documents before the deadline.
  • Keep copies of everything you send to USCIS.

A U visa lawyer can help you respond to USCIS requests and keep your case moving forward while you wait for a decision.

CONTACT US TODAY
TO SCHEDULE A CONSULTATION

Factors That Affect U Visa Processing Times

U visa processing times vary from case to case, and several factors can influence how long USCIS takes to review a petition. While applicants cannot control every aspect of the process, understanding these factors can help set realistic expectations.

Some of the most common factors that may affect your U visa processing timeline include:

  • The annual statutory cap. Federal law limits the number of principal U visas that USCIS can issue each fiscal year, creating a waiting list for many otherwise eligible applicants.
  • The completeness of your application. Missing forms, incomplete information, or insufficient supporting documentation may result in delays or Requests for Evidence (RFEs).
  • Requests for additional evidence. If USCIS requires more documentation to evaluate your eligibility, processing may take longer while the agency waits for your response.
U Nonimmigrant Status - U Visa Delays Explained_ Application Errors, Evidence Requests, and USCIS Wait Times - Laura Leon Law
  • Background and security checks. Every applicant must complete security screenings before a final decision can be made, and the time required for these checks varies.
  • USCIS workload. Processing times may fluctuate depending on the agency’s overall caseload and the number of U visa petitions it receives.

Working with a U visa lawyer to submit a complete and well-documented petition may help reduce avoidable delays and minimize the likelihood of receiving a Request for Evidence.

U Visa Lawyer FAQs

Can a U Visa Lawyer Tell Me if I’m Eligible for a U Visa?

Your U visa lawyer can tell you if you meet the eligibility requirements, but they can’t submit your U visa petition without the cooperation of an agent or official filling out the certification of your eligibility.

Your U visa attorney can look at your unique situation and make sure that you are admissible into the United States or consider whether a waiver of inadmissibility may be needed. They can also tell you whether the crime is likely a qualifying crime.

Should I Find a U Visa Lawyer Near Me Before Talking to Law Enforcement?

If you’re a foreign national, any time you speak with an immigration official or law enforcement, you are safer with legal representation. Even officials with good intentions may end up steering you wrong, so you need a U visa lawyer even if you are interacting with a supportive officer or official.

Remember, the law enforcement agent or official isn’t the one who can actually grant you U nonimmigrant status. They just help provide you with the certification you need. USCIS officials who process your petition are the ones deciding your case.

Can a U Visa Lawyer Near Me Determine Qualifying Criminal Activity?

Your U visa lawyer is familiar with the types of crimes that are considered qualifying criminal activity. Qualifying criminal activity according to USCIS can include the following:

  • Crimes involving kidnapping or false imprisonment
  • Crimes involving sex abuse
  • Crimes involving stalking
  • Domestic violence
  • Assault
  • Crimes involving forced labor

Discuss what happened to you with your U visa lawyer, because this list doesn’t cover all the eligible crimes and often victims don’t realize that the differences between U.S. law and laws in other nations. The U.S. has a lower tolerance for many types of activities. If you feel like you have been abused in some way, it’s entirely possible you are the victim of a crime that the U.S. considers severe.

Can a U Visa Lawyer Near Me Help My Family Stay in the United States?

Derivative U visas are available to certain family members of U visa holders. Your U visa lawyer can file a Supplemental A, Petition for Qualifying Family Member of U-1 Recipient with your U visa petition to help keep eligible family members in the country and safe.

What are the U Visa Benefits?

Your U visa lawyer can explain the benefits of a U visa in detail, but essentially, U nonimmigrant status will provide you with the right to legally work in the country, protection from removal, and eventually, the eligibility to apply for a green card if you meet all conditions. A U visa will also make you eligible to apply for other state and federal benefits.

Can a U Visa Lawyer Near Me Get Me Employment Authorization?

Your U visa lawyer won’t need to help you get permission to work. USCIS will automatically issue you an Employment Authorization Document (EAD) when your status is approved. Your U visa lawyer can help your family members with derivative status apply for an EAD though.

Will a U Lawyer Near Me Help Me Prepare for the Biometrics Appointment?

A skilled U visa lawyer should prepare you for your biometrics appointment and help you gather all the documents you will need to bring. At our firm, your U visa lawyer will make sure you are entirely prepared for this appointment, because we know that it can be intimidating.

Can a U Visa Lawyer Near Me Prevent My Removal?

U visa lawyers know that this nonimmigrant status can be used as a removal defense. Your U visa lawyer at our firm will look at all available options to prevent your removal if you want to stay in the country and are facing removal orders.

CONTACT US TODAY

DO I NEED A U VISA LAWYER?

No matter where you are in the U visa process, a skilled U visa lawyer is your greatest advocate. Whether you need help applying for a U visa, need a U visa lawyer to speak with law enforcement, or would like help filing for an adjustment of status because you have become eligible for a green card through your U visa status, contact a U visa lawyer at Laura Leon Law today.

Associations - Laura Leon Law - updated
(979) 810-8880