Immigration Attorney in Los Angeles - The 5 most FAQ in 2018

U Visa – Top 5 FAQ’s of 2018

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Throughout 2018, I was asked these five questions regarding the U Visa over and over again. Here are the answers.

1) I lived with an abusive partner, but we were never married. Am I eligible to file for a U Visa?

Yes! The U Visa eligibility requirements do NOT require the victim to have been married to their abuser. Actually, their relationship doesn’t matter at all. The U visa is intended for victims of crimes, no matter if they had a relationship with the abuser or not.

Often times, people confuse the U Visa with a different immigration benefit called VAWA. VAWA, short for the Violence Against Women Act, also helps victims of domestic violence. However, to qualify, you must have been married to the abusive U.S. citizen or lawful permanent resident. Unlike the U Visa, if you were not married, you do not qualify for VAWA.

2) My attorney filed for a work permit along with my U Visa application. Is this work permit valid? 

Yes! If you were approved for a U Visa, you also qualify for a work permit. In some cases, attorneys decide to file a work permit application at the same time as the U Visa application. Doing so often allows the applicant to work sooner than they would be able to otherwise. In this scenario, the work permit is absolutely valid, even if the applicant has not yet received their U Visa.

Before there was high demand for the U Visa, the U Visa processing time was only about six months. However, since then (the last four years), the visa backlog has grown significantly and the processing time is much longer. It’s now common for there to be a significant waiting period (several months) between the time when the U Visa is approved and when the applicant actually receives the visa. If you apply for the work permit at the same time as the U Visa, you actually may receive the work permit before receiving the U Visa. Many attorneys file applications in this manner so that their clients have the ability to legally work as soon as possible.

3) I filed my U visa application on [date]. When am I getting my visa?  

This is by far the most commonly asked question of 2018! I know there's a lot of frustration and confusion regarding processing times and I completely understand. Unfortunately, even if I wanted to, I can’t tell you exactly when your visa will arrive or speed up the immigration process. However, what I can do to help is explain how you can check the approximate processing time for your application and stay up to date on it. This will give you the best idea of when to expect your visa.

You might be wondering, “Sharon, why can’t you just tell me when it will come?” First, I get asked this question so often that I simply don’t have the time to calculate the approximate visa processing time for each person that asks. Second, these are approximations, meaning they can change and often do change over time. If I was to check your approximation date today and it was four years away, I could check again next year and find out that the wait time changed to five years. It’s frustrating and awful, but unfortunately that’s the way it is.

How do you check your visa processing time and keep track of your case? Click here to watch a video tutorial and subscribe to my channel to receive more helpful information regarding the U Visa. I recommend you check on your case once every month or so. This will give you a more accurate idea of how long you will have to wait.

4) I was the victim of a crime in the United States, but I have since left the country and am living outside the United States. Can I apply for a U visa?   

Yes! Please do not think that because you left the country you missed your chance to get a U Visa. You can absolutely apply for a U Visa from abroad. However, in order to qualify, the crime must have occured in the U.S. or a U.S. territory. Crimes that occurred abroad do NOT qualify.

If the crime occurred in the United States, you cooperated with law enforcement to the best of your abilities, and you meet all the other requirements—then you can certainly file for a U visa. Applying abroad will change the application process slightly. Most significantly, you will have to wait abroad while the application is being processed, which can take several years.

What if I have a dependent relative that lives abroad? Can I include them on my U Visa application? 

Yes! Even if your dependent relative does not live in the U.S., you can include them on your U Visa application. If you are under age 21, you may petition on behalf of your spouse, children, parents and unmarried siblings under age 18. If you are 21 years of age or older, you may petition on behalf of your spouse and children.

5) I was never physically injured. Am I eligible to apply for a U Visa?  

Yes! You do NOT have to have been physically injured in order to qualify for a U Visa. Being a victim of a serious crime can result in physical injury as well as significant psychological or emotional trauma. The USCIS takes into account all types of trauma when processing U Visa applications. Qualifying crimes that may not have resulted in physical injury to the victim include stalking, criminal threats, and homicide.

Immigration Help: U Visa

If you have any questions about the U Visa, 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.

 

Sharon was very professional, knowledgeable and very informative...

My husband and I had the best experience working with Sharon. I HIGHLY recommend her. She helped us with our immigration process and made us feel at ease every step of the way. Sharon was very professional, knowledgeable and very informative whenever we needed questions answered she was there from the very beginning until the very end, making sure we were prepared. Words can't explain how grateful my husband and I are. We would definitely not hesitate to contact her for any future services.

Karem S. , Los Angeles, CA

About the Author Sharon Abaud, Esq.

If you have any questions about your Immigration Status, 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. Your immigration case matters to me.

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