Atlanta U-Visa Attorney

Providing Dedicated Legal Guidance in Immigration Law to Crime Victims Who’ve Suffered Physical or Mental Harm in the U.S.

In 2000, Congress passed the Victims of Trafficking and Violence Protection Act (including the Battered Immigrant Women’s Protection Act). This created the U nonimmigrant visa, which is a visa for immigrants to the United States who have been victims of crimes and whom law enforcement has been deemed to be possibly helpful in the investigation and prosecution of crimes.
This law is intended to help law enforcement agencies increase their ability to investigate and prosecute crimes of sexual assault, domestic violence, human trafficking of noncitizen foreign nationals, and other crimes, as well as to help the victims of these crimes. Determining whether you are eligible for a nonimmigrant U-Visa to enter or remain in the United States can be a complicated and confusing process.
An accomplished U-Visa lawyer from Sessoms Law Office, LLC can guide you through your application process and make a positive difference as you enter into the process of applying for a U-Visa. Call our Atlanta office today at 678-853-7402.

What Are Different Types of Humanitarian Visas?

Human trafficking victims and victims of other qualifying crimes may be eligible for a humanitarian visa. The U-Visa and the T-Visa provide foreign nationals with a pathway to legal permanent residency and permanent residence for certain family members. As green card holders, qualifying crime victims can pursue the American dream and achieve a new life in the U.S.

The T-Visa is available to individuals who were brought into the United States through human trafficking. If you are a foreign national who has been abducted, recruited, tricked, or forced into coming to the United States of America against your will or believed that you were coming to the US for legitimate reasons and then forced into a human trafficking endeavor for prostitution, involuntary servitude, forced labor, or sexual exploitation, you may qualify for a T-Visa. The T-Visa is available for children and adults alike. In many immigration cases, applicants for T-Visas are required to comply with reasonable requests from law enforcement to cooperate with their investigations into human trafficking crimes.

The U-Visa provides legal immigration status and protections to victims of specific crimes who have endured significant mental or physical abuse while in the United States. This visa also requires crime victims to assist law enforcement with investigating or prosecuting the alleged criminal activity. If provided with a U-visa, individuals will be granted temporary status, after which point they may become green card holders and achieve legal permanent residency.

What is Temporary Protected Status?

Temporary protected status (TPS) was created for foreign nationals of specific countries who have experienced harsh conditions, such as natural calamities or civil war. Eligibility for TPS includes meeting specific legal criteria, such as nationality from a designated country, continuous physical presence, and certain residency requirements.

In most cases, individuals with felony criminal convictions or two or more misdemeanor convictions are usually ineligible for temporary protected status.

What is the Violence Against Women Act?

The Violence Against Women Act (VAWA) is similar to but distinct from U-Visas. VAWA is for specific individuals, such as the parents, spouses, or children of a United States citizen or green card holder whom that citizen or green card holder has abused. It is also worth noting that although the act specifically names women, a VAWA visa is available to both men and women.

The U-Visa is available to any undocumented foreign immigrant who has been the victim of a crime, regardless of whether the criminal aggressor had legal status in the United States or not.

Who is Eligible for a U-Visa?

To be eligible for a nonimmigrant U-Visa, you must have been the victim of qualifying criminal activity that caused you significant mental and/or physical harm, and you must have information about criminal activity that law enforcement may find useful in investigation or prosecution. You must also be admissible to the United States or have obtained a waiver by applying for advance permission to enter as a nonimmigrant.
The list of qualifying crimes is long and includes such things as murder, rape, incest, kidnapping, sexual exploitation, stalking, domestic violence, witness tampering, forced labor, involuntary servitude, and various forms of torture, among others. The criminal activity in question must have happened in the U.S. or broken U.S. laws. The attempt, conspiracy, or solicitation to commit a qualifying crime or crimes also qualifies.

What Documentation Must You Provide to Apply for a U-Visa?

To apply for a U-Visa, you will have to provide the required petition for U nonimmigrant status, a personal statement detailing the criminal activity of which you were a victim, and proof that you meet all other admissibility criteria or have received a waiver.
Additionally, you will need certification from a law enforcement agency that you have information that they will find helpful in investigation or prosecution and that you have been or will be cooperative in sharing that information. It is not necessary for the perpetrator of the crime against you to be found guilty.

What if You Have Trouble Getting Law Enforcement Certification?

It can sometimes be difficult to get the law enforcement certification you need to qualify for a nonimmigrant U-Visa. In some locations, law enforcement agencies have policies that can get in the way of getting the signatures you need for your U-Visa application. Having a skilled immigration lawyer on your side to help you in dealing with these law enforcement agencies could possibly make the difference between success or failure in your U visa application.
You have already suffered as a victim of criminal activity. Let a skilled and knowledgeable U-Visa lawyer walk side-by-side with you through the application process, helping you deal with any complications or difficulties that might arise. Call today at 678-853-7402 to get in touch with a U-Visa lawyer who stands ready to help.

Can Your Family Join You in the U.S. if You Get a U-Visa?

Once you succeed in obtaining your nonimmigrant U-Visa to enter or remain in the United States, you may petition for certain family members to join you if you and they meet eligibility requirements.
If you, the primary U-Visa applicant, are under 21 years of age, you may petition on behalf of your spouse, children, parents, and unmarried siblings under age 18. If you are over the age of 21, you may petition on behalf of your spouse and children. Your family members do not have to be victims of criminal activity, nor do they need a law enforcement certification. You must be able to prove that they are truly your allowable relatives and that they meet the general admissibility rules of the United States or have a waiver.
The assistance of a skilled immigration lawyer can be crucial in both your own and your family’s success in gaining U visa status in the United States. Call Sessoms Law Group today at 678-853-7402.

What Are Some of the Legal Challenges of the Immigration Process?

Obtaining a humanitarian visa can be challenging. We recommend contacting our legal team for legal guidance throughout the immigration process.

Common legal challenges and other immigration matters that our clients encounter when seeking U-visas include the following:
Applicants going through removal proceedings in immigration courts may face additional hurdles
Difficulty proving eligibility and the need for protection
Errors or incomplete legal documentation in the immigration application process
Ineligibility due to inadmissibility grounds, such as security concerns or health-related reasons
The immigration laws of the United States are always changing, and an applicant must remain on top of recent changes
The process of getting approved for a U-Visa can be long and complicated
There is a limited availability of U-Visas

Contact Our Atlanta Law Firm to Schedule a Consultation with Our Immigration Attorneys Today

If you have suffered severe physical or mental abuse in a criminal act while in the United States, you may potentially be eligible for a humanitarian visa. Our Georgia law firm has extensive experience helping clients get approved for U-Visas and T-Visas so that they may legally reside in the U.S. without unnecessary concern of deportation or retaliation.

To learn more about the benefits of retaining our legal services, please contact our Atlanta law office to schedule your initial consultation with our immigration team today.

You can reach us at 678-853-7402.