How to Apply for a U-Visa for Victims of Domestic Violence in New York
The U-Visa is a specific nonimmigrant visa in the United States that provides protection to individuals who are victims of certain crimes, including domestic violence. It offers assistance not only for the victims but also encourages them to report crimes and cooperate with law enforcement. If you are a victim of domestic violence in New York, the following steps will guide you on how to apply for a U-Visa:
1. Determine Your Eligibility
To qualify for a U-Visa, you must meet certain criteria:
- You must be a victim of a qualifying crime, such as domestic violence, sexual assault, or human trafficking.
- You must have suffered substantial physical or mental abuse due to the crime.
- You must have information about the crime and cooperate with law enforcement in the investigation or prosecution.
- You must have been helpful, are helpful, or are likely to be helpful in the investigation or prosecution of the criminal activity.
2. Gather Required Evidence
Before applying, gather all necessary documentation:
- Form I-918, Petition for U Nonimmigrant Status: This is the primary application form.
- Form I-918, Supplement B: This form is a certification from law enforcement officials, confirming your victimization and cooperation.
- Personal statement: Write a detailed account of the incident(s) of domestic violence.
- Supporting documents: Collect evidence such as police reports, medical records, photographs of injuries, and affidavits from individuals who can corroborate your claim.
3. Complete the Application Forms
Fill out the required forms accurately:
- Provide thorough information in Form I-918 and Supplement B.
- Ensure that all personal information is correct and complete to avoid delays.
4. Submit Your Application
Once your forms are completed and the necessary documentation is gathered, submit your application to the appropriate U.S. Citizenship and Immigration Services (USCIS) service center. Ensure you keep copies of each document submitted.
5. Track Your Application Status
After submission, you will receive a receipt notice. You can track the status of your U-Visa application online through the USCIS website.
6. Work Authorization
If your U-Visa application is pending for more than 180 days, you are eligible to apply for work authorization by submitting Form I-765, Application for Employment Authorization.
7. Await a Response
Once your application is reviewed, you will receive a decision from USCIS. If approved, the U-Visa allows you temporary residency for up to four years. Additionally, it may provide a pathway for permanent residency after three years under certain conditions.
8. Legal Assistance
Applying for a U-Visa can be a complex process. It is advisable to seek legal assistance from a qualified immigration attorney or a non-profit organization specializing in immigration law, particularly those focused on victims of crime.
By following these steps, you can navigate the U-Visa application process more effectively and access the protection and support you deserve as a victim of domestic violence. Remember, you are not alone, and help is available.