JLA Law Group

U-Visa for Crime Victims in Georgia

Case Evaluation→(770) 609-9396

The U-visa is an immigration protection created by Congress for victims of certain serious crimes who have suffered substantial mental or physical abuse and are willing to cooperate with law enforcement in the investigation or prosecution of the crime. Under INA § 101(a)(15)(U), this visa allows you to live and work legally in the United States for up to 4 years, with the possibility of obtaining a green card after 3 years.

To qualify, you must demonstrate that you were a victim of a qualifying crime (domestic violence, sexual assault, trafficking in persons, kidnapping, extortion, labor fraud, among others), that you suffered substantial abuse, that you have helpful information about the crime, and that you cooperated or are willing to cooperate with law enforcement. You need to obtain a Form I-918B certification signed by a law enforcement agency (police, prosecutor, or judge).

There is currently a limit of 10,000 U-visas per year, which has created a waiting list of several years. However, USCIS grants a bona fide determination (waitlist status) that includes a work permit and protection from deportation while you wait. Our attorneys in Norcross have experience obtaining certifications from law enforcement agencies in Gwinnett County and the greater Atlanta metropolitan area.

Steps You Should Take

1

Report the Crime to Authorities

If you have not already done so, report the crime to local police. The report creates an official record and facilitates obtaining the I-918B certification required for the U-visa.

2

Call (770) 609-9396 for an Evaluation

We evaluate whether your situation qualifies for the U-visa, which agency can certify your case, and what evidence you need to gather. The consultation is confidential.

3

Preserve All Evidence

Keep police reports, protective orders, medical records, photos of injuries, text messages or emails from the perpetrator, and witness statements.

4

Do Not Wait to Apply

The waiting list is long. The sooner you file your application, the sooner you will receive the bona fide determination with a work permit and protection from deportation.

Frequently Asked Questions

What crimes qualify for the U-visa?
Domestic violence, sexual assault, trafficking in persons, kidnapping, extortion, torture, labor fraud, blackmail, incest, slave trading, unlawful detention, assault with bodily injury, witness tampering, and other similar crimes listed in INA § 101(a)(15)(U)(iii). The list is broad and our attorneys can evaluate whether your situation qualifies.
Do I need a police report for the U-visa?
You need an I-918B certification signed by a law enforcement agency or prosecutor, not necessarily a separate police report. However, having a police report makes it easier to obtain the certification. If the crime occurred some time ago and you did not report it, it may still be possible to obtain the certification.
How long does it take to get a U-visa?
Due to the annual cap of 10,000 visas, the current wait is 4 to 6 years. However, USCIS issues a bona fide determination that grants you a work permit and protection from deportation while you wait. This determination generally arrives in 12 to 18 months.
Can I include my family in my U-visa application?
Yes. If you are 21 or older, you can include your spouse and unmarried children under 21. If you are under 21, you can include your spouse, children, parents, and unmarried siblings under 18. Family members receive derivative status.
Does the U-visa lead to a green card?
Yes. After 3 years with U-visa status, you can apply for adjustment to permanent resident under INA § 245(m). You must demonstrate continuous presence in the U.S. and that a denial of your application is not warranted in the exercise of discretion.

Applicable Laws

INA § 101(a)(15)(U)Definition of the U-visa: eligibility requirements for victims of qualifying crimes.
INA § 214(p) / 8 USC § 1184(p)Limit of 10,000 U-visas per year and the certification process.
8 CFR § 214.14Regulations for the U-visa application, including Form I-918 and the I-918B certification.
INA § 245(m)Adjustment of status to permanent resident for U-visa holders after 3 years.

Related Services

VAWALey de InmigraciónDefensa contra DeportaciónLey de InmigraciónAsiloLey de Inmigración

Other Immigration Law Services

G
Green Card
D
Deportation Defense
A
Asylum
V
VAWA
D
DACA
N
Naturalization
F
Family Petitions
W
Work Permits
C
Cancellation of Removal
I
I-601 Waiver
M
Marriage Green Card
A
Adjustment of Status
H
H-1B Visa
T
Temporary Protected Status
S
Special Immigrant Juvenile
C
Criminal & Immigration

Case Evaluation

Talk to a u-visa attorney today.

Schedule Consultation(770) 609-9396

1250 Tech Dr, Suite 240

Norcross, GA 30093

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