Victims of serious crimes committed in the United States may apply for a U non-immigrant visa if the crime has been reported to the police, the individual is helpful in the investigation and/or prosecution, and suffered emotional or physical harm. No, the District Attorney does not have to file charges for you to apply for a U non-immigrant visa. If you are undocumented, it is critical that you report any crime against you to the police. ICE has a long standing policy of not deporting victims of crimes in the United States. Do not be scared. Be brave. Turn a bad circumstance to a pathway to your citizenship in the United States. You are eligible even if you (the victim) have a criminal record or immigration violations yourself. There is a pardon for this that is filed with the U Non-immigrant visa application.

Serious crimes include domestic violence, felonious assault, kidnapping, wage discrimination, witness tampering, robbery, attempted murder, and sexual abuse of a minor. Family members of the principal applicant may also apply along with the victim and those members may include a spouse, parent, sibling or child. If you are undocumented and your U.S. citizen child is a victim of a crime, you may also qualify to file for a U non-immigrant visa as an indirect victim. If you are a essential witness to a crime, you may also apply for a U non-immigrant visa.

There is extensive evidence that must be gathered and filed in support of a U visa which often times is the only pathway to legal status, and United States citizenship. Gloria Cardenas and her team are experienced with working with police departments to obtain the U Visa certification (a requirement), even when the police department has said no to the victim. We know the law and we know your rights. We are caring individuals and will guide you through this application process mindful that you are a victim and may need special attention and patience. We welcome you.

If you did not report domestic violence to a police officer, you may be eligible to apply for VAWA. In 1994, Congress passed a law referred to as “VAWA,” which stands for the Violence Against Women Act, creating special routes to immigration status for certain battered non-citizens. Men and women may qualify. Among the basic requirements for eligibility, a battered noncitizen must be the spouse or child of an abusive US citizen or permanent residency.

Immigrants with no legal status who have been indirectly victimized by the crime against a family member (including a US citizen child unmarried and under 21 years old) may be eligible to apply for a U Visa if he/she meets all of the requirements. Parents of United State citizen children (under 21 years old) who have been victims of any serious crime such as sexual molestation, rape, or sexual abuse make up a large majority of indirect victims of U-Visas. The police agency executes the certification in the name of the parent when the parent can demonstrate that he/she was a victim of a serious crime against their child and that they were cooperative in the investigation and/or prosecution of the crime against their child.

Witnesses to crimes may also file for a U Visa as a bystander victim, or essential witness in a prosecution of a crime. Yes, even if you yourself have a serious criminal record or extensive negative immigration record.

Victims of crimes oftentimes do not wish to ask the police agency for the executed U Visa Certification. Victim visa attorney Gloria Cardenas may be retained to assist you with this request, and after it is approved, with the U Visa application itself.