I am an Immigrant. What Can I Do If I Am The Victim Of A Crime?

I am an Immigrant. What Can I Do If I Am The Victim Of A Crime?

You’re not a United States citizen.  You got here into america with no documentation.  You could have been the sufferer of a criminal offense.  You’re scared.  You don’t really feel like you’ll be able to go to the police since you may get deported.  What are you able to do?

What ought to I do if I used to be the sufferer of a criminal offense? 

Should you had been the sufferer of a criminal offense, there are alternatives for you, even in case you are right here with out paperwork.  You simply want to speak to an Immigration Lawyer Surrey Free Consultation to debate these choices.  The federal government has supplied safety for these non-citizens who’re right here with out paperwork and have been the sufferer of a criminal offense.  It’s referred to as a U visa.  The federal government has created a secure harbor for individuals who have been the sufferer of a criminal offense.  Should you had been the sufferer of a specific crime and also you cooperate with regulation enforcement, it’s possible you’ll be eligible for a U visa and in the end, a inexperienced card.

What’s a U Visa and the way would I be eligible?

The U Visa was developed to encourage undocumented aliens to return ahead and cooperate with regulation enforcement within the prosecution of people that commit crimes.  The U Visa supplies immigration safety towards deportation and in the end can result in a greencard.  To be able to be eligible for a U visa, you could have:

  • suffered substantial bodily or psychological abuse,
  • ensuing from felony exercise
  • possesses info regarding felony exercise,
  • has been useful, is being useful, or is prone to be useful within the investigation or prosecution of the felony exercise,
  • certification has been obtained from a federal, state or native regulation enforcement authority, and
  • the felony exercise violated the legal guidelines of the U.S. or occurred within the U.S.

You don’t need to be bodily harm to acquire a U Visa.  It is sufficient to maintain substantial psychological abuse.  So, for instance, should you had been the sufferer of an armed theft, you will have sustained substantial psychological abuse ample to fulfill that ingredient of the U Visa necessities.  It additionally doesn’t need to be a pending case.  Should you had been a sufferer prior to now however didn’t learn about a U Visa, you could possibly return and get regulation enforcement to present you a certification.

What are the advantages of a U visa?

If you’ll be able to get hold of a U visa, it is going to be good for as much as 4 (four) years and extensions are potential.  Through the course of, you’ll be able to apply for a inexperienced card and finally get hold of United States citizenship.  With a U Visa, you’re allowed to remain and work lawfully in america.  You additionally could possibly get hold of lawful standing in your kids.

How do I get hold of a U Visa?

The one strategy to get hold of a U Visa is by acquiring a certification from regulation enforcement.  This implies, a police officer or prosecutor should fill out a kind certifying that you just had been the sufferer of a qualifying crime and that you just had been, are, or are going to be useful within the investigation.  There doesn’t need to be an arrest or prosecution with a view to get hold of a U Visa, however you could get hold of a regulation enforcement certification.  You get hold of a U Visa by submitting a Kind I-918 and different kinds with USCIS.

What kind of crimes would make me eligible for a U Visa?

You should be the sufferer of a qualifying crime with a view to be eligible for a U Visa.  There’s a complete listing of qualifying crimes and a catch-all provision, nonetheless, a few of the extra frequent offenses are rape, home violence, and felonious assault.

What about my children? Would they get a U Visa too?

If you’re eligible for a U Visa, your kids could also be eligible too, both as a result of they too had been victims, or as a spinoff in your petition.

I’m afraid I’ll be deported if I report the crime.

The U visa was created to supply safety towards deportation for many who are victims of crime.  If you report a criminal offense, you’re reporting it to an area company.  For probably the most half, they don’t seem to be taken with your immigration standing.  Immigration is underneath federal jurisdiction, not state jurisdiction.  Essentially the most native regulation enforcement businesses can do is report you to ICE.  This could be unhealthy coverage nonetheless, as it will harm their efforts to prosecute crimes.  So what do you have to do?

Should you had been the sufferer of a criminal offense and assume you is perhaps eligible for a greencard however are scared to inform regulation enforcement, schedule a session with an immigration lawyer.  That immigration lawyer ought to be capable to clarify the method in additional element, talk about your particular info, and offer you recommendation on how you must proceed.

Will I get a U Visa straight away?

Sadly not.  Though, in concept, this can be a great pathway to citizenship, the reality is that there’s a large backlog, which has brought about a protracted delay.  U visa petitions filed in 2014 are solely now being adjudicated.  Meaning, should you filed a petition in 2014, USCIS is simply now getting round to deciding whether or not to present you a visa.  Once more, you must seek the advice of with an immigration legal professional to debate your choices and the timing of your immigration case.

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