Tag: US visa application

OBTAINING A GREEN CARD: VICTIMS OF CRIME WITH U NONIMMIGRANT STATUS

In the United States, victims of certain crimes who have endured substantial physical or mental abuse may find solace in the U visa program. This program, designed to protect and assist victims, offers a pathway to lawful permanent residency, commonly known as obtaining a Green Card. 

U nonimmigrant status, is designated for victims of specific crimes who have suffered severe physical or mental trauma and have been helping in aiding the investigation or prosecution of the criminal activity.  

U Nonimmigrant Visa Process

To obtain a U visa, you must do the following:

  1. Obtain signed Form I-918 Supplement B, U Nonimmigrant Status Certification from law enforcement stating that you were a victim of a qualifying crime and you were helping in the investigation or prosecution of the crime. 
  2. File Form I-918, Petition for U Nonimmigrant Status with Form I-918B and other required documents
  3. Obtain “prima facie” determination of U visa status, which will allow you to obtain an Employment Authorization Document. 
  4. Wait years for an actual U visa to be available to you. 
  5. Once a U visa is issued, remain in U visa status for four years and then apply for a green card. 

Green Card Through U Visa

Adjustment of status–or an application for a green card–through U visa is much more forgiving than green card applications through marriage or employment. Many criminal issues can be forgiven for a U visa green card. Also, importantly, an applicant can get a green card even if they crossed the border without a visa, or entered EWI.

Derivative U Nonimmigrant Family Members

Certain relatives of U-1 nonimmigrants may also qualify for a Green Card as derivative applicants. Spouses (U-2), children (U-3), parents (U-4), or siblings (U-5) who meet specific criteria are eligible for adjustment of status based on derivative U nonimmigrant status.

Navigating the path to a Green Card as a victim of crime under the U visa program is complex. For more information and personalized assistance regarding adjustment of status based on U nonimmigrant status, please contact Cambridge Immigration Law. Our team of dedicated attorneys is committed to advocating for your rights and facilitating your journey towards a brighter future in the United States.

NAVIGATING IMMIGRATION APPLICATION DENIALS: UNDERSTANDING COMMON REASONS AND SOLUTIONS

NAVIGATING IMMIGRATION APPLICATION DENIALS: UNDERSTANDING COMMON REASONS AND SOLUTIONS

Embarking on the journey of immigrating to a new country is filled with anticipation and challenges. Despite thorough planning, immigration applications can face denials, causing distress and uncertainty. Understanding the reasons behind these denials is crucial for applicants to address potential pitfalls effectively.

Criminal Record

A significant reason for immigration application denial is a criminal record. Certain offenses may raise concerns about public safety, leading to denial and potential deportation. Honesty with legal counsel about past criminal history is essential, as it significantly impacts the case strategy. However, it’s important to note that not all criminal records automatically result in denial. Factors such as the nature and severity of the offense, the length of time since the offense, and evidence of rehabilitation may influence the outcome of the application.

Lack of Evidence

Providing ample evidence to prove eligibility for the desired visa or residency is essential. Failure to do so or providing insufficient documentation can result in application denial. Collaborating with experienced legal professionals ensures the thorough collection of required documents for USCIS review. It’s imperative to meticulously follow the guidelines provided by USCIS for each specific visa category and submit all required supporting documents. Additionally, applicants should be prepared to provide additional evidence or clarification if requested by immigration authorities.

Ineligibility for Visa Category

Each visa category has specific requirements, and failure to meet these criteria can lead to denial. Understanding the requirements and restrictions of the desired visa category is vital to avoid ineligibility. Prospective immigrants must thoroughly assess their eligibility for their chosen visa category before submitting their application. This includes meeting criteria such as educational qualifications, work experience, familial relationships, and financial stability. Seeking legal advice early in the process can help applicants identify any potential eligibility issues and explore alternative immigration options if necessary.

False Information

Falsifying information on an immigrant visa application is a serious offense that can lead to denial and legal consequences. Accuracy and truthfulness in all provided information are crucial to avoid such repercussions. Applicants should carefully review all forms and documents before submission to ensure that the information provided is accurate and up-to-date. Any discrepancies or inaccuracies should be promptly addressed with the assistance of legal counsel. It’s essential to remember that even minor inaccuracies or omissions can have serious consequences and jeopardize the success of the application.

Navigating the complexities of the immigration system can be overwhelming, which is why seeking expert legal guidance is crucial. At Cambridge Immigration Law, our experienced immigration lawyers offer personalized assistance to help applicants navigate the intricacies of the immigration process. We work closely with our clients to ensure accuracy in documentation, avoid common pitfalls, and stay updated on regulatory changes. Entrusting your case to our competent legal representation empowers prospective immigrants to mitigate stress and significantly enhance their chances of achieving a successful outcome in their immigration journey.