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U visas are temporary visas that are issued for individuals who have been the victim of a qualifying offense in the United States. If your minor child was the victim of a crime, even if they are a U.S. citizen, you can qualify for a U Visa. Additionally, you could also potentially qualify as an “indirect victim” if you were the witness of a violent crime such as a murder. In order to apply for a U Visa as the victim of a crime, you first have to obtain a “Supplement B” form signed by either the police department, prosecuting agency, judge, or court that investigated the crime. This Supplement B form confirms that the person was the victim of a qualifying crime, it occurred in the United States, and provided assistance to the investigation. There is no requirement that any agency sign the Supplement B form and it is always at their discretion to sign or not. It is important to note that a U Visa can be signed even if no one was ever arrested or convicted for the case. However, if you drop the charges or refuse to cooperate with law enforcement, your case cannot be approved.
Once the form is signed, an individual can submit their U Visa application which also provides documentation about the crime that the were a victim of and explains how it impacted them.It is important to thoroughly complete and document the request for a waiver because if you do not mention all grounds of inadmissibility in the waiver, those issues can become a problem when it is time to apply for adjustment of status.
U Visas have the ability to waive almost any ground of inadmissibility which can provide a lawful path to legal status in the United States for people who otherwise could not qualify. (This includes removal orders, criminal history, unlawful presence, fraud, etc).
U Visas take many years to be approved. Once a U Visa is approved, the individual is granted a temporary status for a period of four years. After holding the status for three years, they are eligible to apply for their Lawful Permanent Residence.
USCIS can, at its discretion, issue a bona fide determination while the application is pending which can allow an applicant to obtain an employment authorization while awaiting the approval of the application.
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