Metro Atlanta
U-Visa Attorneys
for Immigrant Victims of Crime
Serving Clients Nationwide
Immigration Protection for Victims Who Have Suffered Serious Harm
Victims of crime can face challenges that extend far beyond the immediate incident. For individuals without secure immigration status, fear of deportation or other immigration consequences may make it especially difficult to report a crime, cooperate with authorities, or seek help. The U nonimmigrant visa, commonly known as a U visa, was created to provide immigration protection to certain victims of qualifying crimes who have suffered substantial physical or mental abuse and have been helpful to law enforcement or other qualifying authorities.
At Bair Wilson Sharma LLC, our immigration attorneys help crime victims understand whether they may qualify for U visa protection and guide them through the application process with compassion, confidentiality, and careful attention to their circumstances.
U visa eligibility generally requires an applicant to demonstrate that they were the victim of qualifying criminal activity, suffered substantial physical or mental abuse as a result, possess information concerning the criminal activity, and have been, are being, or are likely to be helpful to law enforcement, prosecutors, judges, or other qualifying authorities in the investigation or prosecution of the crime.
Qualifying criminal activity can include offenses such as domestic violence, sexual assault, abusive sexual contact, trafficking, kidnapping, false imprisonment, stalking, felonious assault, extortion, witness tampering, obstruction of justice, and certain other crimes identified under federal immigration law. Attempts, conspiracies, or solicitation to commit certain qualifying crimes may also be relevant.
Every situation is different. Our lawyers carefully review the circumstances surrounding the crime, the applicant's cooperation with authorities, and their immigration history to determine whether pursuing U visa protection may be appropriate.
Call Bair Wilson Sharma LLC at 678-250-6095 to schedule a consultation with a lawyer today.
Building a U Visa Application and Obtaining Certification
One of the most important components of a U visa application is generally Form I-918, Supplement B, often referred to as the U visa law enforcement certification. This document must be signed by an authorized official from a qualifying certifying agency and confirms information regarding the qualifying criminal activity and the victim's helpfulness.
Depending on the circumstances, certification may potentially come from a law enforcement agency, prosecutor, judge, or another qualifying authority involved in detecting, investigating, prosecuting, convicting, or sentencing qualifying criminal activity.
Obtaining certification is an important step, but it does not by itself grant a U visa. U.S. Citizenship and Immigration Services (USCIS) makes the ultimate determination regarding immigration eligibility.
A complete application may include a detailed personal statement describing the criminal activity and its impact, evidence of the harm suffered, records relating to the investigation or prosecution, immigration documentation, and other supporting materials. Medical or counseling records, police reports, court documents, photographs, communications, and witness statements may also be relevant depending on the case.
Our attorneys understand that gathering this information can require clients to revisit extremely difficult experiences. We approach these cases with sensitivity and work with clients to present their experiences accurately and thoroughly without losing sight of the person behind the paperwork.
Immigration history must also be considered. Some U visa applicants may have immigration violations or other issues that would ordinarily create inadmissibility concerns. Depending on the circumstances, a waiver may be available for certain grounds of inadmissibility. Our lawyers evaluate these issues carefully as part of developing an immigration strategy.
A Path Toward Safety, Stability and a New Future
U visa protection can provide important benefits to qualifying crime victims. An individual granted U nonimmigrant status generally receives temporary lawful status and may obtain employment authorization, providing greater stability while remaining in the United States.
Certain qualifying family members may also be eligible for derivative U visa status. Which relatives may qualify depends in part on the age of the principal applicant and the family relationship involved. Because family circumstances vary, our attorneys can evaluate whether derivative benefits may be available to loved ones.
Federal law limits the number of principal U visas that can be granted each fiscal year, and demand has historically exceeded the annual limit. As a result, applicants may face lengthy waiting periods before a U visa becomes available. USCIS has procedures that may provide certain qualifying applicants with interim protections while their petitions remain pending, but eligibility and processing circumstances can vary.
For some individuals, a U visa can also become part of a longer-term immigration path. After maintaining U nonimmigrant status for the required period and satisfying other statutory requirements, a qualifying individual may eventually become eligible to apply for lawful permanent residence.
At Bair Wilson Sharma LLC, we recognize that immigration relief for crime victims requires more than technical knowledge of immigration forms. Clients may be coping with trauma, concerns about their safety, uncertainty about their immigration status, and fear about interacting with government agencies. Our attorneys provide hands-on guidance and explain each stage of the process so clients can make informed decisions about their future.
Confidentiality and clear communication are especially important in these cases. Our firm provides multilingual legal services in English, Spanish, French, Ukrainian, and Russian, helping clients discuss sensitive circumstances in the language they are most comfortable speaking.
We proudly assist individuals and families throughout the Metro Atlanta Area with U visa and crime-victim immigration matters. If you have been the victim of a qualifying crime and assisted law enforcement or another qualifying authority, our attorneys can review your circumstances, explain whether U visa protection may be available, and help you pursue a path toward greater safety and stability in the United States.
U Visa FAQs
What is a U visa?
A U visa is a form of temporary immigration protection available to certain victims of qualifying criminal activity who suffered substantial physical or mental abuse and meet other requirements, including requirements concerning helpfulness to qualifying authorities.
What crimes may qualify for a U visa?
Qualifying criminal activity can include domestic violence, sexual assault, trafficking, kidnapping, stalking, felonious assault, extortion, false imprisonment, witness tampering, obstruction of justice, and certain other crimes recognized under federal immigration law.
Do I have to report the crime to qualify for a U visa?
U visa applicants generally must demonstrate that they have been, are being, or are likely to be helpful to law enforcement or another qualifying authority in detecting, investigating, or prosecuting qualifying criminal activity.
What is a U visa law enforcement certification?
A qualifying applicant generally needs Form I-918, Supplement B, completed by an authorized official from a qualifying certifying agency. The certification provides information about the qualifying criminal activity and the victim's helpfulness. Certification alone does not guarantee U visa approval.
Do I need a criminal conviction against the person who harmed me?
Not necessarily. U visa eligibility does not generally require that the perpetrator ultimately be convicted. The focus includes whether qualifying criminal activity occurred and whether the victim satisfies the applicable requirements, including helpfulness.
Can I apply for a U visa if I am undocumented?
Potentially. U visas were specifically created to provide protection to qualifying crime victims, including individuals who may not otherwise have lawful immigration status. Other immigration issues still need to be evaluated as part of the application.
Can my family members receive immigration protection through my U visa?
Certain qualifying relatives may be eligible for derivative U visa status. Which family members may qualify depends on factors including the principal applicant's age and the family relationship.
How long does it take to receive a U visa?
U visa cases can involve lengthy waiting periods because federal law limits the number of principal U visas available each fiscal year. Some qualifying applicants may receive certain interim protections while awaiting final adjudication.
Can a U visa eventually lead to a green card?
Potentially. After maintaining U nonimmigrant status for the required period and satisfying additional requirements, certain U visa holders may become eligible to apply for lawful permanent residence.
Have Questions About Your Immigration Options?
Immigration matters can be complex, but you don’t have to navigate the process alone. Contact Bair Wilson Sharma LLC for clear guidance and personalized representation. Our multilingual attorneys serve clients in English, Spanish, French, Ukrainian, and Russian.
Call 678-250-6095 today to speak with one of our immigration attorneys.