Issues involvingU-Visa Applications From a Immigration Lawyer in NJ.

U-Visa petitions present an opportunity for alien victims of domestic violence to gain immigrant status in the country in exchange for their cooperation in the criminal prosecution of their abuser.  This domestic violence visa is particularly helpful in immigrant communities in New Jersey whose cultures discourage victims of abuse to come forward.  While not comprehensive, this blog article will attempt to provide the basic requirements for a U-visa application.  However, it is still important to consult with an immigration lawyer in NJ with the experience to handle your case. 

What are the requirements of the U-visa?

(1) You are the victim of one of the domestic violence crimes listed in Section 101(a)(15)(U) of the Immigration and Nationality Act (or crimes similar to those listed in the Act)

(2) You are the victim of substantial mental or physical abuse as a result of being a victim of the previously described criminal activity

(3) You have information about the crime in which you were a victim

(4) The crime in which you were the victim violated the laws of the US

Who can you sponsor as a derivative beneficiary on the application?

(1) For individuals under 21, your qualifying members are spouses, unmarried children, parents and unmarried siblings under 18. 

(2) For individuals over 21, your qualifying members are spouses and unmarried children under 21. 

What is a Supplement B, and do I need it?

The Supplement B is a form sent to either the responsible detective or prosecutor handling the criminal matter, stating that the victim/U-visa applicant has been cooperative in the criminal case.  Not only is it required for approval of a U-visa, it is perhaps the single most important factor in whether a U-visa is granted. 

What other discretionary materials may be submitted?

It is advised that the victim present evidence of psychological or mental damage as the result of the abuse.  This can be shown through attendance at a domestic violence counseling group or individual therapy.  U-visas can be tricky, so make sure you talk to a immigration lawyer in NJ who has the skills to develop your application properly.