Are You an Immigrant who has been the Victim of a Crime in the USA?
Claxton Law can help you and your family apply for a U-Visa. Click the button below to connect with us on WhatsApp and find out how we will fight your case today.
There are two kinds of visas.
What's the Difference?
The U visa is a United States nonimmigrant visa which is set aside for victims of crimes (and their immediate family members) who have suffered substantial mental or physical abuse while in the U.S. and who are willing to assist law enforcement and government officials in the investigation or prosecution of the criminal activity. It permits such victims to enter or remain in the US when they might not otherwise be able to do so.
A T visa is a type of visa allowing certain victims of human trafficking (which includes both labor trafficking and sex trafficking) and immediate family members to remain and work temporarily in the United States, typically if they report the crime to law enforcement, and agree to help them in the investigation and/or prosecution of the crime(s) committed against them. It also allows close family members of the victims to come to the United States legally.
How do I qualify for a U-VISA?
1) Must be a Victim, Direct or Indirect, or a bystander or witness of the “qualifying crime”
2) Must have been impacted by the crime or have information helpful to law enforcement.
3) Must have suffered substantial physical or mental abuse.
4) There must be Reasonable fear of returning to the applicant’s home country
5) Must have useful information about this criminal activity (or if under age 16, the parent, legal guardian, counselor or social worker can provide this information on behalf of the individual).
6) Must have been or will be “helpful” to law enforcement in order to bring the perpetrator of this crime to justice
Don’t Wait! Let Us Help You with Your U-Visa Claim
Report the crime to the Police or the prosecutor’s office. Before applying fora U-Visa we must submit a “certificate of helpfulness” signed by a law enforcement officer. This document informs USCIS that you have, in fact been a victim of a crime or cooperated with the police.In order to get this certification, the law enforcement officers must attest that the applicant was a victim of a qualifying crime and has been or is likely to be helpful to an investigation or prosecution of the crime.We will need a case number or the police report to request this certificate. Once the certificate of helpfulness is signed by law enforcement, we have 6 months to file your U-Visa application with USCIS.
Sexual crimes: rape, incest, sexual trafficking, sexual assault and abusive sexual contact, prostitution, sexual exploitation, and female genital mutilation.
Violent crimes: murder, manslaughter, vehicular homicide, robbery, felonious assault (usually involves the use of a deadly weapon, and can include statutory rape and other offenses), and domestic violence, stalking.
Enslavement crimes: criminal restraint, kidnapping, abduction, being held hostage, forced labor, slavery, human trafficking, indentured or debt servitude, and false imprisonment. Obstruction
Obstruction of justice crimes: perjury, witness tampering, withholding evidence.
Fraud in foreign labor contracting. The crime need not have been “completed” in order for it to qualify, for example, a victim of attempt, conspiracy or solicitation to commit murder may qualify for a U-visa
An applicant must prove that they have suffered “substantial” physical injury or mental anguish” as a result of this criminal activity and must provide evidence such as:
● Medical records
● An Affidavit detailing the physical or mental harm suffered,
● Statements from treating physicians and therapists
● Psychological Evaluations
● Photographs of physical injuries, and
● Affidavits or Reports from social workers
Certain family members may be eligible to become derivative U visa recipients if the principal applicant’s application is approved. These include:
● Unmarried children under age 21
● Parents (if principalpetitioner is under age 21), and
● Unmarried siblings under 18 years old (if principal petitioner is under age 21).
A separate application, Form I-918, Supplement A, Petition for Qualifying Family Member of U-Visa Recipient, must be filed along with the principal applicant’s own petition or after the principal applicant’s U-vVsa is approved. Any derivative relatives must also be “admissible” to the U.S. (or apply for a waiver) and have good moral character. (The "public charge" ground of inadmissibility doesn't apply to derivative family members, either.)
Yes, If you were the victim of a crime inside the United States and were deported or left the United State you may still be eligible for a U visa, and you can start the application while outside of the U.S. An individual can apply for a U visa from within the U.S. or abroad at a U.S. consulate.
Yes. Once you are approved for a U visa, you will be granted legal status in the U.S. for up to four years. Once you have held your U visa for three years, you may be eligible to apply for legal permanent residence (a "green card").
recruitment, transportation, transferring, harboring, or receiving of a person.
prostitution, pornography, violence and sexual exploitation, forced labor, involuntary servitude, debt bondage, or slavery adult victims of human trafficking must prove that the crime involved at least one element from each of the above three. Child victims of human trafficking need only show an element from the Process and Goal categories. They do not need to show that they were coerced or threatened since they have not reached the age of consent so children cannot consent to be trafficked.
Yes, Immediate Family members can be Derivatives of your T-Visa.
Yes, you may apply for a green card after 3 years of being approved and admitted for a T-Visa or after the Law enforcement agency finishes their investigation, whichever is sooner.
Why Choose Claxton Law?
At Claxton Law PLLC, we make it our mission to defend and protect the rights of every one of our clients. Our firm’s main priority is to empower you to achieve the best possible outcome in your case!