- Basics of U-Visa
- Eligibility for permanent residence through a U-Visa
- Complexities of the U-Visa
- Possible opportunities within the process
Basics of U-Visa
Motor vehicle incidents are very common in the US and typically do not qualify for United States nonimmigrant visas (U-Visa). Though they are mainly classified as accidents, the percentage of evidence of abuse being involved in the case is never 0%, hence why more than 10,000 individuals are granted a U-visa each year. The use of obtaining a green card through U-Visa can come in very handy even to the family members of the one who was eligible to obtain it first, adding to the fact, it can also be hard to successfully apply for green cards through U-Visas outside of the country. But there are limitations to the U-Visa as it is temporary and lasts 4 years and may take up to 2 to seven years or more to process, which is why the USCIS Contact Center, or an immigrant lawyer would come in handy for speeding up the process and checking the status of your U-Visa. Still, a U-Visa holder can apply for a green card after 3 years of use and may travel outside of the U.S for no longer than 180 days. Can they get deported back into their country with a pending green card application? The answer for that is commonly no since U-Visa allows for a waiver of removal orders, even though it is not impossible for that to happen since applying for a green card doesn’t provide one with immigration status.
Eligibility for permanent residence through a U-Visa
In the case of motor vehicle accidents, if the victim is an undocumented immigrant, meaning they are staying in the United States without legal status of immigration, and they could possibly be involved in illegal conduct such as stalking, following, violence, abuse et cetera. If that is possibly the case, the victim could then engage law enforcement with as much evidence as they could provide and may be able to get their hands on a green card through U-Visa. Since the U-Visa plays a very important role connected to the laws of immigration, if the victim has records in which involve serious criminal records, they usually need to contact immigration attorneys to apply. However, despite the uncertainty, those victims are more entitled to face difficulties in having a prosperous approval towards the U-Visa. If the U-Visa is successful, they could then get the green card about 3 years after they have their hands on the U-Visa.
Complexities of the U-Visa
The types of U-Visas can differ depending on the position of the holder. U-1 (Visa) for the crime victims, U-2 which would involve the spouse, U-3 for child, and the list would go on depending on the quantity of family members. To be able to secure a U-Visa successfully, the victim of conduct must be of nonimmigrant status, meaning they are not living in the area for permanent purposes (for example, this could be for job purposes or traveling purposes), and must be the victim of criminal activity.
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Possible opportunities within the process
This criminal activity can possibly involve trafficking, domestic violence, assault, kidnapping, and stalking. This assertion would require solid and confirmed evidence for it to be qualified as pure. If there is an insufficient amount of documentation, the chances of receiving a U-Visa would then be very low, and if denied, your status will remain the same as before when you applied. However, the risk of being detained or deported is high if you are in a country without legal documentation.
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Onal Gallant & Partners PC is a law office specializing in Real Estate Law, Intellectual Property, Personal Injury Law, Corporate and Business Law, Immigration Law, and the US Visa Processes. We deliver reliable advice on a large variety of subjects ranging from forming a corporation and buying a house in the US to trademark registration and Green Card applications (e.g., EB3 Visa or DV Lottery). With exceptional knowledge and insight into immigration law, our experienced lawyers at Onal Gallant and Partners are ready to help and respond to all of your inquiries.
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