How Do You Apply for a U Visa in North Carolina?

The U visa provides immigration relief to crime victims who have suffered mental or physical abuse and are willing to assist law enforcement with the investigation of the crime. Together, the Victims of Trafficking and Violence Protection Act offers the U visa to provide a path toward legal status and eventual permanent residency in the United States. But how do you apply for a U visa in North Carolina?

Understanding the process of acquiring a U visa is crucial for applicants. Learn about eligibility requirements, the application process, and key considerations when applying.

What Is a U Visa?

Recently, WRAL reported that violent crime in Raleigh, such as assault, human trafficking, and fraud, reached its highest point in ten years. The city’s police department is actively tracking these crime trends and is willing to offer substantial benefits to victims of these crimes who assist in the investigations.

When someone who is undocumented suffers the trauma that stems from becoming a victim of trafficking or other violent crimes, law enforcement may grant a U visa. This nonimmigrant visa is given to those who have suffered physical, mental, or emotional harm, and are willing to help with the investigation or prosecution of these crimes. It is intended to encourage those who are undocumented to report the crimes without fear of deportation.

Eligibility Requirements

The U visa is especially important for undocumented individuals who fear deportation but want to cooperate with authorities to find justice within their circumstances. The U visa would grant temporary legal status and work authorization in the U.S. and can lead to a green card. To be eligible for a U visa, applicants must meet the following criteria:

• Victim of a qualifying crime: The applicant must have been a victim of a serious crime that occurred within the U.S. or violated U.S. law. This could include domestic violence, human trafficking, kidnapping, or another violent offense.
• Suffered physical or mental abuse: The crime must have caused measurable harm, such as physical or emotional damage.
• Helped law enforcement: The victim must have reported the crime to law enforcement and must be willing to assist during the investigation and prosecution.
• Law enforcement certification: The applicant must obtain certification from a law enforcement agency that confirms their cooperation with the investigation.
• Admissibility to the U.S.: Applicants must meet immigration admissibility requirements or apply for a waiver if they have prior immigration violations.

Application Process

The steps for how to apply for a U visa in North Carolina can be broken down into the following five steps:

• Gather documentation and evidence: Before submitting a U visa application, you need to collect all necessary evidence that supports your case. This might include:
  • Personal statements detailing the crime and how it impacted you
  • Police reports and court records proving the crime occurred and you were the victim
  • Medical or physical reports showing evidence of the resulting harm
  • Identity documents, such as a valid passport, birth certificate, or other official ID
• Obtain law enforcement certification: One of the most important aspects of obtaining a U visa involves having signed documentation from a law enforcement agency, the prosecutor’s office, or the judge who handled the case. These documents must confirm you were the victim and that you are assisting with the case.

  North Carolina’s certifying agencies include:

  • Local police departments, such as the Charlotte-Mecklenburg Police Department or the Raleigh Police Department
  • County sheriffs’ offices
  • Federal agencies, such as the FBI or ICE
  • District attorney’s office
• Complete and file form I-918: Once you have law enforcement certification, you can complete the I-918 or Petition of U Nonimmigrant Status. You can include family members who also need protection when filling out this form.
• Apply for a waiver: If you have past immigration violations, a criminal record, or other inadmissibility issues, you need to file a Form I-192 or Application for Advance Permission to Enter as a Nonimmigrant. This allows immigration services to overlook inadmissibility grounds on a case-by-case basis.
• Submit your application to USCIS: Mail the completed U visa application and all supporting documentation to U.S. Citizenship and Immigration Services. Keep a copy of all forms for your records.

Challenges and Common Problems When Applying for a U Visa

Some agencies in North Carolina may be reluctant to provide certification for U visa applicants. If this occurs, you can contact different agencies involved in your case or provide additional documentation that shows your cooperation with the investigation.

The backlog for U visa applications can be long. Because of the wait times, you can apply for a work permit if the USCIS grants you deferred action. In addition, if you have past immigration violations or a criminal history, you may need a waiver to push your U visa application through.

U-Visa FAQs

Q: How Do You Qualify for a U Visa?

A: To qualify for a U visa, an applicant must be a victim of a qualifying crime, such as human trafficking, assault, or domestic violence, and must have suffered significant physical or mental harm. The applicant must cooperate with law enforcement throughout the investigation and prosecution of the crime. A law enforcement agency must certify that the victim was helpful in the case.

Q: How Long Does a U Visa Take to Get Approved?

A: The processing time for a U visa is typically long, lasting years due to the high demand. Waiting applicants may qualify for deferred action or a work permit. Processing times vary based on the case complexity, background checks, and law enforcement certification. Expedited processing may be granted in urgent cases.

Q: How Much Does a U Visa Cost?

A: The U visa does not have a government filing fee. Applicants may incur costs for other related forms, such as the waiver of inadmissibility. There may also be legal fees for hiring an immigration attorney, which can come with a higher cost if the case is complex. Because a U visa gives eligible crime victims a path toward permanent residency, the expense can be worth it.

Q: Can I Work While Waiting for a U visa?

A: Yes, U visa applicants are eligible for work authorization while waiting for approval. If U.S. Citizenship and Immigration Services defers action, the applicant can then apply for a work permit. Because of long waits and processing delays, work authorization may take time. Some applicants may qualify for interim benefits through humanitarian parole or other relief organizations.

Related Blogs:

• U.S. Immigration Laws
• Immigration Lawyer Cost in North Carolina

Contact a North Carolina Immigration Lawyer Today

Seeking the help of an immigration lawyer can be crucial when applying for a U visa or immigration status. These experienced attorneys hold extensive knowledge of immigration law and can help you get certification and see you through the U visa process. Schedule a consultation today with the team at Steven T. Meier, PLLC, to improve your chances of a successful outcome to your U visa application.