U Visa Application Guide for Crime Victims in Georgia

U Visa Application Guide for Crime Victims in Georgia

The U visa provides immigration protection and a path to lawful permanent residence for victims of certain crimes who have suffered substantial mental or physical abuse and who cooperate with law enforcement in the investigation or prosecution of the criminal activity. Created by the Victims of Trafficking and Violence Protection Act of 2000, the U visa recognizes that undocumented immigrants who are crime victims often fear reporting crimes because of their immigration status.

J. Lee & Associates Law Group helps crime victims throughout Georgia apply for U visa protection.

U Visa Eligibility Requirements

Under INA § 101(a)(15)(U), you must meet all four requirements:

1. You are a victim of a qualifying criminal activity that occurred in the United States or violated U.S. law
2. You have suffered substantial physical or mental abuse as a result of the crime
3. You possess information about the crime and have been helpful, are being helpful, or are likely to be helpful to law enforcement, prosecutors, judges, or other officials investigating or prosecuting the crime
4. The crime violated the laws of the United States or occurred in the United States

Qualifying Crimes

The list of qualifying criminal activities under 8 CFR § 214.14(a)(9) includes:

• Domestic violence, sexual assault, and rape
• Trafficking and involuntary servitude
• Kidnapping and abduction
• Blackmail and extortion
• Felonious assault and murder
• Witness tampering and obstruction of justice
• Perjury and fraud in foreign labor contracting
• Stalking
• Torture
• Other related crimes including attempt, conspiracy, or solicitation to commit any of the above

The Application Process

Step 1: Obtain Law Enforcement Certification (Form I-918B)

The most critical step is obtaining a signed certification from a certifying agency (police department, prosecutor's office, judge, or other qualifying official) confirming that you were a victim of a qualifying crime and that you were, are being, or are likely to be helpful in the investigation or prosecution. In Georgia, certifying agencies include local police departments, the Gwinnett County District Attorney's office, the Fulton County DA, and federal agencies like the FBI or DHS.

The certification must be signed by the head or a designated official of the certifying agency. Many agencies have dedicated U visa certification units. Your attorney can help identify the appropriate agency and prepare the certification request package.

Step 2: File Form I-918 (Petition for U Nonimmigrant Status)

The petition includes:

• Form I-918 with supporting documentation
• Form I-918, Supplement B (the signed law enforcement certification)
• A personal statement describing the crime, the abuse suffered, and your cooperation with law enforcement
• Evidence of the crime (police reports, protective orders, medical records, photographs of injuries)
• Evidence of substantial physical or mental abuse (medical records, mental health evaluations, declarations from counselors)
• Any applicable waiver (Form I-192 for inadmissibility grounds)

Step 3: Wait for Processing

Congress caps U visas at 10,000 per fiscal year. Due to overwhelming demand, there is a significant backlog. Applicants who are eligible but cannot receive a visa due to the cap are placed on a waitlist and granted deferred action status, which provides work authorization while waiting.

Step 4: Adjustment to Permanent Residence

After holding U nonimmigrant status for three years and meeting other requirements (continuous physical presence, no unreasonable refusal to cooperate with law enforcement, and favorable exercise of discretion), you can apply for a green card using Form I-485.

Waivers of Inadmissibility

U visa applicants with grounds of inadmissibility (unlawful presence, prior removal orders, certain criminal convictions, fraud) can request a waiver using Form I-192. USCIS applies a more generous standard for U visa waivers than for many other immigration benefits, considering the humanitarian purpose of the U visa program and the applicant's status as a crime victim.

Derivative Family Members

U visa holders can include certain family members in their petition:

• If you are under 21: spouse, children, parents, and unmarried siblings under 18
• If you are 21 or older: spouse and children under 21

Derivative family members receive the same immigration benefits, including work authorization and eligibility for adjustment of status.

Contact a Georgia U Visa Attorney

The U visa application is complex and requires careful documentation. J. Lee & Associates Law Group has helped numerous crime victims obtain U visa protection. Call (770) 609-9396. Se habla español.