Navigating U Visas and the U visa Green Card
A Comprehensive Guide for you and Your Family Members – Form I-929
The U nonimmigrant status (U visa) is a crucial legal avenue for victims of certain crimes who have suffered physical or mental abuse and are willing to assist law enforcement in the investigation or prosecution of criminal activities. In this blog post, we’ll explore the key aspects of U visas, including eligibility criteria, application procedures, and Form I-929.
U Nonimmigrant Eligibility
To be eligible for a U visa, individuals must meet specific criteria, such as:
The crime must have occurred in the United States or violated U.S. laws, and the applicant must be admissible to the country.
Applying for U Nonimmigrant Status
The application process involves submitting Form I-918, Petition for U Nonimmigrant Status, along with Form I-918, Supplement B, U Nonimmigrant Status Certification. Applicants must provide a personal statement describing the criminal activity, evidence for each eligibility requirement, and address any inadmissibility issues.
U nonimmigrant status is initially valid for four years, with extensions available in specific circumstances. The annual cap for principal petitioners is 10,000, but there is no cap for qualifying family members. USCIS may create a waiting list if the cap is reached, granting deferred action and work authorization to eligible petitioners while they await additional visas.
Applying for a Green Card
After meeting certain requirements, U visa holders may apply for a Green Card. This process involves demonstrating continuous physical presence in the U.S. for at least three years, along with a commitment to assisting law enforcement. Qualifying family members can also seek lawful permanent residence through Form I-929, Petition for Qualifying Family Member of U-1 Nonimmigrant.
Family Members Deriving Status through Form I-929
Family members can derive status based on the principal applicant’s U visa; provided they meet the eligibility requirements for a Green Card, they can apply for lawful permanent residence. This process involves filing Form I-485, Application to Register Permanent Residence or Adjust Status. Even if family members never held U nonimmigrant status or a U visa, they may still be eligible for a Green Card.
To start this process, the principal petitioner must file a Form I-929 for each eligible family member. This can be done concurrently with or after filing Form I-485. If Form I-929 is approved, family members in the United States can file Form I-485 to apply for a Green Card. If they are outside the United States, they must visit a U.S. embassy or consulate to obtain their immigrant visa.
It’s important to understand that approval of Form I-929 establishes eligibility for a Green Card but it does not guarantee that one will be automatically issued. Even with an approved Form I-929, family members are not automatically eligible for work authorization.
Get Comprehensive Guidance for Your U Visa Application
The U visa provides a vital path to protection and justice for victims of criminal activities. At the Ranchod Law Group, we’re committed to guiding you through the complexities of U visas and Form I-929. We recognize the challenges faced by victims of crime, and our commitment is to assist you at every step, ensuring a thorough understanding of eligibility criteria, filing procedures, and the path to lawful permanent residence.
To take the first step towards securing your U visa and exploring the opportunities for family members, reach out to the Ranchod Law Group today. Schedule a consultation with our experienced immigration attorneys by calling (916) 613-3553 or emailing us at info@ranchodlaw.com. Our team is here to provide the personalized guidance and support you need to navigate the U visa application process successfully.