How to Apply for a U-Visa in Oregon: Legal Steps

How to Apply for a U-Visa in Oregon: Legal Steps

The U-Visa is a nonimmigrant visa designed for victims of certain crimes who have suffered substantial mental or physical abuse. It allows them to remain in the United States and assist law enforcement in the investigation or prosecution of criminal activity. If you are in Oregon and seeking to apply for a U-Visa, here are the legal steps you need to follow:

Step 1: Determine Eligibility

Before applying for a U-Visa, confirm that you meet the eligibility criteria. You must be a victim of qualifying criminal activities, such as domestic violence, sexual assault, or human trafficking. Additionally, you must provide evidence of cooperation with law enforcement and demonstrate that you would suffer extreme hardship if you were removed from the U.S.

Step 2: Collect Essential Documents

Gather all necessary documents for your application. This includes:

  • A completed Form I-918, Petition for U Nonimmigrant Status.
  • Form I-918, Supplement B, U Nonimmigrant Status Certification signed by a certifying official from a law enforcement agency.
  • Proof of the qualifying criminal activity and your victimization.
  • Personal statement detailing your experience and cooperation with law enforcement.
  • Any supporting documents like medical records, police reports, or affidavits.

Step 3: Complete Form I-918

Fill out Form I-918 carefully and accurately. Ensure that you include all relevant information and documentation. Missing or incorrect information can lead to delays or denials.

Step 4: Obtain Certification

Part of your U-Visa application includes obtaining a certification from a law enforcement agency. This certification verifies that you were a victim of a qualifying crime and that you cooperated with the investigation. Contact local law enforcement or a qualified attorney familiar with U-Visa cases in Oregon to assist you with this process.

Step 5: File Your Petition

Once you have completed the forms and gathered the necessary documents, file your petition with U.S. Citizenship and Immigration Services (USCIS). Be sure to include a check or money order for the filing fee, if applicable, and keep copies of all submitted documents for your records.

Step 6: Attend the Biometrics Appointment

If your petition is accepted, USCIS will schedule a biometrics appointment. You will need to provide fingerprints and photographs, which will be used for background checks. Ensure you attend this appointment to avoid delays in processing your petition.

Step 7: Wait for USCIS Decision

After submitting your application and biometrics, there will be a waiting period where USCIS processes your case. This may take several months. During this time, you can check the status of your petition online through the USCIS website.

Step 8: Seek Legal Guidance

Throughout the U-Visa application process, it’s prudent to consult with an immigration attorney, particularly one experienced in U-Visa cases. Legal assistance can help ensure that your application meets all requirements and can provide guidance on potential challenges.

Step 9: Understand Your Rights and Benefits

If your U-Visa application is approved, you will be eligible for derivative visas for certain qualifying family members. You will also have the right to work in the United States and may apply for a green card after three years of U-Visa status, provided you continue to meet the eligibility criteria.

Applying for a U-Visa can be a complex process, but understanding these legal steps can simplify your journey. Be thorough in your application, gather the necessary evidence, and consider seeking legal help to increase your chances of success.