GUIDE TO QUALIFY FOR A GREEN CARD STATUS AS A U-VISA HOLDER IN THE UNITED STATES

Introduction

If you have a U-visa or are a victim of a severe crime helping out cops in the United States, you could switch to a green card status after being here for three years. You should get your green card as soon as you can, because you only qualify during the time you are a victim and your U-visa is only good for four years.

Moving from a U-visa to a green card is a big deal for a lot of people who have helped the cops as crime victims. The U-visa lets you stay legally and work while you are figuring out a way to stay here permanently. This process is called adjustment of status. This move helps U-visa holders build a solid life in the US and open up new chances. Contacting an immigration attorney in El Paso, Texas can simplify the complex process.

To make this switch from a U-visa to a green card, you have to meet some specific requirements. This guide breaks down what you need to do to be eligible for this adjustment.

An overview

The U-visa is super important for people who have been badly hurt. This can be either mentally or physically. The victim      must be ready to help the police look into or take legal action against those crimes. For example, domestic violence, human trafficking, and sexual abuse fall under the category of possible crimes. You can understand the intricacies of these hurt better by speaking with an immigration attorney in El Paso, Texas.

The U-visa doesn’t just give you a safe place to stay temporarily; it also helps you get legal work permits in the US, and eventually, a green card to stay here permanently. But, getting a green card is a long and complicated process. You get a better chance to make this happen by hiring an immigration lawyer in El Paso, Texas.

Eligible U-visa holders

When you are applying for a green card, you need to keep being eligible for U-visa status. This means you have to still be in good standing with your U-visa status. In other words, your four-year window must still be running. Also, you will need to continue to support      US law enforcement by giving them useful info to help catch and punish your abusers. An immigration attorney in El Paso, Texas can be your tour guide in this tricky journey.

If you meet these conditions, you might be able to get a green card with a U-visa:

• You have been in the US for at least three years (but haven’t hit the four-year mark yet, so your U-visa status is still active).
• You haven’t refused to help US law enforcement with a criminal case where you are a victim.
• There is a good reason for you to still be in the US, for example  to keep your family together or to help the public.

It is going to be harder to show USCIS (the folks who handle green card stuff) that you deserve one if you are not needed anymore to help with the case. For example, if the case is over and no one is going to say you were helpful, it might be difficult getting a green card. You will need to show how you have been helping out the government including getting a new certificate from a government agency     . An immigration attorney in El Paso, Texas can really be helpful to your case.

More details on eligibility

• Minimum 3-years continuous residency

To qualify for a green card, as a U-visa holder, you will need to prove that you have continuously resided in the US for at least three years immediately preceding the filing of your application. The term “continuous residence” essentially means that you have not left the US for a continuous period of more than 90 days or for an aggregate period of more than 180 days since being admitted as a resident.

Generally speaking, it is best not to travel outside the US during this time. However, if you do leave the US, having been in the US can be documented by documenting trips abroad (showing this was merely a visit) and showing residence here. Examples include pay stubs, tax records, school documents, sworn statements by persons who know you who can attest to your residence in the US. You can be sure if you meet this condition by talking with an immigration attorney in El Paso, Texas.

If you are unable to show you have been continuously present in the US, then you must provide a letter from law enforcement stating your departures from the US were necessary as part of an investigation or to assist in a case, or that it was otherwise justifiable.

• You must remain cooperative with law enforcement

This means you cannot simply stop providing information to the police or flat out refuse their requests of you. You also should try to stay in contact with the police department that you are dealing with to maintain good relations.

If you would like to add additional support      when applying for your green card, that is splendid. It really shows just how serious you are about being a part of the solution of the crime against you. Learn how to go about this from an immigration attorney in El Paso, Texas.

If you are unable to provide more documentation, speak to a good immigration attorney in El Paso, Texas. You must      write a letter explaining why you could not get more proof from a qualifying agency. You must also explain any situation where you have failed to act upon a request of a police officer. For this, USCIS will consider, under various factors like the nature of offense, your circumstances, and the extent of assistance required, whether the police request was “unreasonable.”

But for example, if you have been raped and a police officer asked you to meet your attacker, that would be a unreasonable request, and you would be right to refuse such request. On the other hand, if a police officer asked you to identify your attacker in a line-up where you wouldn’t see him, and you said no, that might not work out for you getting a green card. In all, it all depends on your unique situation which can best be explained by an immigration attorney in El Paso, Texas.

• Good ground condition

You can move from a U-visa to a green card status if you show good cause such as to help others, keep your family together, or in the interest of the public. If you are a U-visa holder and seek to apply for a green card, you will not need to apply through the standard process for a waiver for any new inadmissibility you may have acquired, unless you intend to travel before receiving your green card. The only reasons you wouldn’t be allowed to stay would be if the alien had committed Nazi crimes, genocide, or killings outside of the law.

Moreover, an already-acquired waiver in the past will also be applied if one applies for a green card. However, being awarded a green card upon a U-visa is absolutely up to the officer’s discretion who will decide on your case at USCIS.

So, it is about showing them why you deserve a green card, like your family in the US, what you have done well, and why it would be so difficult for you to return to your home country. However, if there is a potential issue in your background (for example, you were once arrested),      an immigration attorney in El Paso, Texas can walk you through this criterion.

Get help!

Talking to the experienced team of immigration attorneys in El Paso, Texas at Gehi and Associates is a great move if you need help making a strong case for USCIS, especially if situation has new developments good or bad. An immigration attorney in El Paso, Texas can help you get all the papers and info you need to meet the requirements and hopefully, get a good outcome for you.

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