U-Visa Lawyer
Natalia Darancou Law is a full-service immigration law firm outside of Dallas, Texas. Led by attorney Natalia Darancou, our team specializes in all aspects of U-Visa law for victims of crimes. Here’s what you need to know to get started on U visas.
What is a U Visa?
“U visa” is a term to describe a special nonimmigrant status set aside for victims of certain crimes. If you have been a victim of a qualifying crime and are likely to have knowledge useful to law enforcement, you may be eligible for U nonimmigrant status. If you’re in the country without a lawful immigration status and are a victim to a serious crime, you may be scared to tell law enforcement what happened to you. You are not alone.
For too long, undocumented immigrants had to remain silent after living through horrific crimes and abuse because they feared deportation and the police. Not only did these undocumented immigrants never see justice for the crimes they endured, but the criminal offenders also remained free to victimize others.
Thankfully, there’s a solution that may help you and law enforcement. The U visa is a nonimmigrant status designed to protect victims of serious crimes and prevent criminals from continuing to harm others.
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Native Spanish Speaker
Natalia Darancou was born and raised in El Paso, Texas to Mexican-American parents and is a native Spanish speaker.
Memberships
Member of the New York State Bar, Texas State Bar, and a member of the American Immigration Lawyers Association (AILA).
Benefits of U Nonimmigrant Status
If you are willing to help officials bring your offender to justice, you may qualify for U nonimmigrant status.
With an approved U visa, you would gain the following benefits:
- Temporary legal immigration status
- Temporary work authorization
- Temporary immigration status for your qualifying family members
The benefits don’t end there though.
If you do your part and stay out of legal trouble, after three years, you may become eligible to turn your u visa to a green card and apply for an adjustment of status without having to apply for an immigrant visa.
As an experienced immigration and nationality law attorney, Natalia Darancou understands that this is a scary situation. She is fluent in Spanish and English, so if you’re a Spanish-speaking undocumented immigrant who isn’t fluent in English, you can talk to her directly without any of the concerns that a language barrier often brings.
She will listen to the details of your specific situation and figure out whether you may be eligible for a U visa. Similarly, if you have been offered a U visa by law enforcement or other officials in exchange for information, Darancou can help protect your rights through the process.
Request A Consultation To See If You Qualify For A U-Visa!
What Determines U Visa Eligibility?
You may be eligible for U nonimmigrant status if you meet all the following requirements:
- You are the victim of activity involving a qualifying criminal offense.
- You have suffered physical or mental abuse as the result of your victimization.
- You have information about the crime.
- The crime happened in the United States or violates U.S. law.
- You are likely to be helpful in the investigation, detection, arrest, prosecution, conviction, or sentencing of the perpetrator.
- You are considered admissible to the United States, or you qualify for a waiver.
Your attorney can help you fill out and file Form I-918, Petition for U Nonimmigrant Status and help you understand the entire process.
Benefits of U Visas to Law Enforcement
The U nonimmigrant status created a bridge between people sworn to uphold the law and undocumented immigrants with information that may help them get dangerous criminals off the street. U visas help victims seek justice without fear of deportation, and they help law enforcement investigate, arrest, and prosecute perpetrators of serious crimes.
Law enforcement officials can’t directly trade information for a U visa, but they can provide U.S. Citizenship and Immigration Services (USCIS) the documentation needed to start the process by filling out and signing a Form 1-918, Supplement B, U Nonimmigrant Status Certification.
U Visa Qualifying Criminal Activity
USCIS maintains a lengthy list of U visa “qualifying criminal activities.” If the crime was only attempted or the crime was similar enough in nature to a qualifying criminal activity, it may also count. Conspiring to commit any crimes on the list also counts.
According to USCIS, the qualifying criminal activities include the following:
- Abduction, including kidnapping, hostage situations, and false imprisonment
- Abusive sexual contact, including incest, sexual assault, sexual exploitation, prostitution, rape, and sex trafficking
- Blackmail
- Conspiracy
- Domestic violence
- Felonious assault, including torture
- Female genital mutilation
- Fraud in foreign labor contracts
- Involuntary servitude, including operating a slave trade, human trafficking, and peonage
- Lying under oath
- Manslaughter
- Murder
- Obstruction of justice
- Stalking
- Witness tampering
Who Can Certify a Form I-918 – Supplement B?
A variety of people involved with the legal system can certify Form I-918B including:
- Local, state, and federal law enforcement agents
- Local, state, and federal prosecuting attorneys
- Local, state, and federal judges
- Supervisors or officials within Child Protective Services
- Officials in the Department of Labor
- Officials with the Equal Opportunity Commission
- Other investigative agencies
Once an official signs the certification, it’s sent to USCIS. This certification is only one of the factors needed for a U visa approval.
Who Can Certify a Form I-918 – Supplement B?
USCIS will conduct a thorough background check, including an FBI fingerprint and name check. They will also investigate to see if any inadmissibility concerns exist such as security risks or a serious criminal history. They may also look at earlier immigration records, visa petitions, or travel documents. This may seem overwhelming, but U visas have a high approval rate. They are not a means to entrap undocumented immigrants.
While it’s normal to feel anxiety about working directly with USCIS when you’ve lived in the country undocumented, U visas really can offer a safer, more secure future. An experienced immigration attorney will provide you with sound, compassionate advice.
Don't Risk Your Future By Taking On The Process Alone!
Family Relationships That Qualify for Derivative U Nonimmigrant Status
If you are the principal recipient of U nonimmigrant status, some of your family members may qualify for derivative U visas based on their relationship with you.
These qualifications include:
- Your unmarried children under the age of 21
- Your spouse
- Your parents (if you are under the age of 21)
- Your unmarried siblings under 18 years of age (if you are under age 21)
To apply for U nonimmigrant status for your qualifying family member, your attorney will help you file Form I-918, Supplemental A, Petition for Qualifying Family Member of U-1 Recipient
Biometric Services for U Visa Applicants
After filing Form I-918, you will be issued an appointment for biometric services. That may sound scary, but it’s a major milestone in processing your application. Your appointment letter may even come before you are notified that your packet is being processed. As a U visa applicant, there is no fee for the biometrics services appointment, but you do need to attend it.
Your appointment letter will explain exactly what you need to bring to your appointment. You will likely need to bring the following items:
- A photo identification
- Your appointment letter
- Any notices you’ve gotten from USCIS
You must bring any documents listed in your letter. USCIS may request old travel documents, employment authorizations you may have been issued in the past, or other documents.
This appointment helps ensure that you don’t have a serious criminal record or prior immigration violations worthy of concern. At this appointment you will be fingerprinted and photographed.
Employment Authorization for U Visa Holders
When USCIS approves your U nonimmigrant status, they automatically issue you an Employment Authorization Document (EAD). You won’t need to bother filing a separate Form I-765, Application for Employment Authorization. Your family members with approved derivative U nonimmigrant applications will not automatically get an EAD. They must file Form I-765 to work in the United States.
After you receive your EAD, you can take it to the closest social security office and request a social security number. After you receive your social security card, you can begin working legally in the United States.
Choose an Experienced U Visa Lawyer
Make sure you choose an immigration attorney that has experience with the U visa process. Attorney Natalia Darancou is licensed in Texas and New York. She represents clients nationwide before USCIS and in immigration courts, and she has the skills and compassion needed for successful U visa filing.
Darancou also provides removal defense, family-based immigration services, and humanitarian visa help. If you need help applying for a U visa or would like to discuss a more complicated immigration legal matter, contact us today.
