An immigration attorney for a U visa can help you prove your eligibility. That said, you may be eligible for a U nonimmigrant visa if:

• You have experienced a qualifying criminal conduct (see below)
• You were a victim of criminal behavior, which resulted in severe physical or mental abuse
• You have information about the criminal activity. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may possess the information about the crime on your behalf
• You assisted law enforcement in the investigation or prosecution of the crime in some way, whether it be in the past, present, or in the future
• The crime took place in the US or was illegal under US law

Also, you must show that:

• You suffered substantial physical or mental harm from the crime.
• None of the grounds of inadmissibility applies to you. “Grounds of Inadmissibility” are an extensive list of crimes and other acts that prevent people from getting status or entering the US. If one of the grounds of inadmissibility applies to you, you must ask for a “waiver” in order to be able to qualify for a U visa. It is up to US Citizenship and Immigration Service (USCIS) to decide whether you should get that waiver after weighing the pros and cons of your case.

• Abduction
• Abusive Sexual Contact
• Blackmail
• Domestic Violence
• Extortion
• False Imprisonment
• Female Genital Mutilation
• Felonious Assault
• Fraud in Foreign Labor Contracting
• Hostage
• Incest
• Involuntary Servitude
• Kidnapping
• Manslaughter
• Murder
• Obstruction of Justice
• Peonage
• Perjury
• Prostitution
• Rape
• Sexual Assault
• Sexual Exploitation
• Slave Trade
• Stalking
• Torture
• Trafficking
• Witness Tampering
• Unlawful Criminal Restraint

You can also have been a part of a crime related to one of the ones listed above. However, merely becoming a victim of one of these crimes does not automatically make you eligible. You must adhere to the other conditions. Without assistance from a U visa attorney, it can become incredibly difficult to obtain it. Law Offices of Hussain & Gutierrez provide you with the best U visa attorney near you. Schedule a free case evaluation to see if you qualify for this or some other route to your immigration status.

You can also apply for "Derivative" U visas for certain of your immediate family members with the help of a U visa attorney in Van Nuys, provided that you are or were a crime victim.

Your spouse and unmarried children under 21 may be included if you are above 21. You can include your spouse, unmarried children, parents, and unmarried siblings under the age of 21 if you are under 21. You can still list your new spouse as a derivative even if you applied for your U visa before getting married. You can also include your new spouse's children if they were younger than 18 when you got married.

It is not necessary for your family members to have law enforcement credentials or to have been criminal victims. However, they must demonstrate that the "Grounds of Inadmissibility" do not prevent (bar) them from obtaining status, as we discussed above. Your family members will be granted U visa status for four years if USCIS approves their applications for U visas and they are already present in the country. Additionally, they will be given a four-year work permit. After three years, they can apply for lawful permanent residence. If your family members are abroad when the government confirms their U visas, they will need to obtain visas from a US embassy or consulate in order to enter the country. They can submit an application for a four-year work permit once they arrive in the country. They are eligible to seek legal permanent residency three years after entering.

Importantly, you would not want to file for lawful permanent residence after receiving your U visa until all the family members you want to include have received their U visas and have arrived in the United States if they haven't already. They will lose their capacity to obtain U visas if you become a permanent resident before their U visas are approved or before they arrive. If you are concerned that your U visa status may expire before all of your family members have arrived, you should talk to a U visa attorney to see if you can extend your U visa status beyond the normal four years until your family gets to the US on their own U visas and then you can apply for lawful permanent residence.