U VISA Law
Dealing with immigration issues after a traumatic situation can feel overwhelming and very isolating. At Ginsburg and Perez, we take the time to listen and understand what you’re going through. If you’re looking for a supportive U Visa Attorney, our goal is to make the process feel less intimidating and more human. With guidance from an experienced U Visa Lawyer, you can move forward knowing you don’t have to handle this alone.
What Is a U Visa?
A U visa, as recognized by USCIS, is a special immigration option created to protect immigrants who are victims of serious crimes. It was designed for people who have been harmed and are afraid to come forward because of their immigration status. The U visa helps remove that fear by offering a sense of safety and stability while someone is dealing with the aftermath of a crime.
Many immigrants stay silent after a crime because they worry about being questioned, detained, or separated from their families. Even when they did nothing wrong, the risk can feel very real. Others come from countries where police or government officials weren’t safe to trust, and that fear doesn’t magically disappear overnight. Language barriers and confusion about how the legal system works can make the situation feel even more intimidating.
The U visa exists to address these real-life concerns. It recognizes that crime victims often face emotional trauma, medical issues, lost income, and long-term stress. By offering protection, it allows people to focus on healing and moving forward instead of living in constant fear.
Who is Eligible For A U VISA?
In simple terms, a U visa is meant for people who were harmed by serious criminal activity and are connected to a U.S. investigation. Eligibility depends on both what happened and the person’s involvement after the crime. Each case is reviewed individually. The following are eligible:
Victims of specific qualifying crimes recognized under U.S. law
Individuals who experienced substantial physical or emotional harm
People who have information related to the criminal activity
Victims whose case involves U.S. law enforcement or authorities
Those whose situation falls under U.S. jurisdiction
The U Visa Process
The U visa process starts after a qualifying crime has occurred and the victim decides to move forward. One of the most important early steps is getting a law enforcement certification signed by a police department, prosecutor, judge, or other authorized agency. This certification confirms the crime and shows that the victim was helpful during the investigation. Without this signed form, a U visa application can’t move forward.
Once that certification is obtained, the applicant submits a full U visa packet to USCIS. This includes personal information, a detailed statement about what happened, and supporting documents. USCIS reviews everything carefully, which can take time due to annual visa limits and high demand. Many applicants are placed on a waiting list before a visa becomes available.
While waiting, some applicants may qualify for work authorization and protection from deportation. If the U visa is approved, it’s granted for four years. After holding the visa for a required period and meeting additional guidelines, some individuals may be able to apply for permanent residency.
U Visa Requirements
You must have been the victim of a serious crime under U.S. law, such as domestic violence or sexual assault.
The harm must be significant, like physical injuries, ongoing fear, anxiety, or the need for medical care.
You must have direct knowledge because the crime happened to you, not through someone else.
Law enforcement must confirm your cooperation, such as speaking with police or helping with an investigation.
The crime must fall under U.S. jurisdiction, like an incident that occurred inside the United States.
You must file a complete application with USCIS.
How It’s Different From VAWA
A U visa and VAWA serve different purposes, even though they both protect vulnerable immigrants. A U visa is tied to being a crime victim and working with law enforcement. VAWA focuses on abuse within certain family or relationship settings, regardless of police involvement. The protections overlap in spirit but work very differently in practice. The following is a list of the key differences between a U visa and VAWA:
Confidentiality: VAWA has strict confidentiality rules that limit information sharing with immigration enforcement.
Eligibility: VAWA is limited to abuse by a U.S. citizen or permanent resident spouse, parent, or child.
Law enforcement role: A U visa requires law enforcement involvement, while VAWA does not.
Self-petitioning: VAWA allows survivors to apply on their own without the abuser’s knowledge or consent.
Removal protection: VAWA can allow cancellation of removal for some applicants in immigration court.
Path options: VAWA often provides a more direct path to permanent residency once approved.
How a Portland U Visa Attorney Can Help You Move Forward
When everything feels uncertain, having the right legal support can change how the road ahead looks and give you peace of mind on the journey. Working with a trusted Portland U Visa Attorney means having someone who understands both the law and the personal side of what you’re facing. People continue to turn to Ginsburg and Perez because we stay responsive, explain things clearly, and genuinely care about the outcome. Our approach is straightforward, supportive, and focused on helping you move forward with confidence.
*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.
