The U Visa Waiver allows a person to qualify for a U.S. green card through the U Visa, even if they are inadmissible to the United States. If you have a criminal history or have committed immigration violations, you may qualify for this waiver .
What Is the U Visa?
The U Visa is a special visa for victims of certain crimes. U Visa applicants also have access to more waivers than most, making it a good opportunity to immigrate for people who may otherwise be inadmissible to the United States. To be eligible for a U Visa, you need to be a victim of a qualifying crime and you need to be able to prove that you cooperated with law enforcement.
U Visa Qualifying Crimes
In order to qualify for a U visa, you need to have been a victim of one of the below crimes.
U.S. immigration law specifically designates 28 crimes that qualify for a U Visa: abduction, abusive sexual contact, blackmail, domestic violence, extortion, false imprisonment, female genital mutilation, felonious assault, fraud in foreign labor contracting, hostage-taking, incest, involuntary servitude, kidnapping, manslaughter, murder, obstruction of justice, peonage, perjury, prostitution, rape, sexual assault, sexual exploitation, slave trade, stalking, torture, trafficking, witness tampering, unlawful criminal restraint, and other related crimes.
Cooperation with Law Enforcement
You will also need to prove that you cooperated with law enforcement. You need to be able to prove that you reported the crime and did everything you were asked to do to help solve the crime. The key is that you shared your contact information with the police and were willing to cooperate, even if the police never sought assistance.
What Is the U Visa Waiver?
In order to qualify for a U Visa, you must be either admissible to the U.S. or request a waiver of inadmissibility. There are several reasons why a person may be inadmissible to the United States, including various health, criminal, security, or other grounds.
What makes the U Visa different from other immigration applications is that most grounds of inadmissibility can be waived, except for participation in Nazi persecution, genocide, or committing any act of torture or extrajudicial killing. If you are inadmissible because of illegal entries into the United States, time spent unlawfully in the United States or even if you have a final order of removal against you—you would likely still qualify for a waiver.
How to Qualify for a Waiver of Inadmissibility
To request a waiver, you will need to file Form I-192, Application for Advance Permission to Enter as a Nonimmigrant, along with your U Visa application. You will need to prove that it is in the public or national interest for U.S. Citizenship and Immigration Services (USCIS) to grant this waiver. In general, this means showing that there are lots of positives to you staying in the United States such as your helpfulness to cooperate with law enforcement, ties to U.S. family members, community engagement, or any hardship you might suffer if you are forced to return to your country of origin.
Immigration Help: U Visa
If you have any questions about when to file your U Visa Application and Waiver, I'd be happy to help. I’m a dedicated and passionate immigration attorney, fluent in English and Spanish, located in the Los Angeles area. Call (310) 803-3040 or visit https://abaudlegal.com/appointment/ to schedule an appointment.
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