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630-392-8101 | 630-392-8101
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Call Us Today

630-392-8101 | 630-392-8101
info@kasturilaw.com

The U visa is a nonimmigrant visa created to protect victims of qualifying crimes who have suffered mental or physical abuse and is helpful to law enforcement or government officials in the investigation or prosecution of criminal activity.

At Kasturi Law, LLC, our Illinois immigration and nationality law attorney and law firm founder, Shobhana Kasturi, knows a U visa can serve as a pathway to permanent residency (Green Card). Here’s how.

Permanent Residency

Who is Eligible for a U Visa?

To be eligible for a U visa, applicants must meet the following criteria:

  • Be a victim of one of the qualifying criminal activities (e.g., domestic violence, sexual assault, trafficking, extortion, kidnapping).
  • Suffer substantial physical or mental abuse as a result of the criminal activity.
  • Have information about the criminal activity and be willing to assist law enforcement in investigating or prosecuting the crime.
  • The crime must have occurred in the U.S. or violated U.S. laws.

What Happens After Being Approved for a U Visa?

Once approved, a U visa provides temporary legal status to holders, allowing them to live and work in the U.S. for up to four years. In addition, U visa holders may be eligible to apply for derivative U visas for certain family members, such as spouses, children, and sometimes parents or unmarried siblings.

What is the Path to Permanent Residency After Maintaining a U Visa?

After maintaining U visa status for at least three years, a U visa holder can apply for lawful permanent residence (Green Card).

However, to successfully adjust their status from a U visa to a Green Card, they must meet certain requirements:

  • Continuous Presence in the U.S.:The U visa holder must have been physically present in the U.S. for at least three continuous years since the date of admission as a U visa holder.
  • Continued Cooperation with Law Enforcement:The U visa holder must continue to assist law enforcement in investigating or prosecuting the crime (unless law enforcement certifies that assistance is no longer required).
  • Good Moral Character:The U visa holder must demonstrate that they have maintained good moral character throughout their stay in the U.S. This means they cannot have been convicted of certain serious crimes or engaged in behavior that could lead to ineligibility.
  • Filing Form I-485 (Application to Register Permanent Residence or Adjust Status):Once the above criteria are met, the U visa holder must file Form I-485 to apply for a Green Card. This application is subject to review by S. Citizenship and Immigration Services (USCIS), which will evaluate whether the applicant meets the requirements for adjustment of status.

How Many U Visas Are Issued Each Year?

U visas are subject to an annual cap of 10,000. This often leads to a significant backlog in applications, which can delay both the initial visa approval and the adjustment of status to permanent residency.

Consult with Our Skilled Immigration Attorney in Illinois

Given the complexity of the U visa process and the strict eligibility requirements for adjustment of status, it is highly recommended that applicants work with an experienced immigration attorney. An attorney can assist with gathering necessary documentation, obtaining law enforcement certification, and ensuring compliance with USCIS requirements.

Moreover, our legal counsel can help navigate potential challenges such as inadmissibility issues or complications related to the applicant’s criminal history or past immigration violations.

With over 27 years of legal experience and a decade of experience representing individuals and families in immigration law, we can help. Contact our immigration law firm today to schedule a consultation that suits your needs.

Whether you prefer an in-person meeting, a phone call, or a Zoom session, we are here to accommodate you. You can even schedule a consultation directly using our online calendar, choosing between 30-minute or 60-minute timeframes. We value your time and want to ensure that your immigration questions receive the attention they deserve, helping you move forward confidently.

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