PLAINVIEW, NY - Immigrants who have been victims of serious crimes in New York may qualify for temporary legal status, work authorization, and a pathway to a green card under federal immigration law, even if they lack current immigration status. Nassau County immigration attorney Rajat Shankar of Shankar & Associates PC (https://shankarlaw.com/new-york-u-visa-immigration-lawyer/) is providing guidance on the U visa program and its eligibility requirements for crime victims across Long Island and Nassau County.
According to Nassau County immigration attorney Rajat Shankar, the U visa is a non-immigrant visa created by Congress through the Victims of Trafficking and Violence Protection Act of 2000 that provides lawful status to victims of qualifying criminal activity who have suffered substantial physical or mental abuse and who cooperate with law enforcement. Under INA Section 101(a)(15)(U), applicants must meet four requirements: they must be the victim of a qualifying crime that occurred in the United States, must have suffered substantial physical or mental harm, must possess information about the criminal activity and have been helpful to law enforcement, and must not be inadmissible or must qualify for a waiver. "The U visa was designed to encourage undocumented immigrants to report crimes without fear of deportation," Shankar explains. "It protects vulnerable crime victims while strengthening law enforcement's ability to investigate serious offenses."
Nassau County immigration attorney Rajat Shankar notes that USCIS recognizes more than two dozen categories of qualifying crimes under 8 CFR Section 214.14, including domestic violence, felonious assault, kidnapping, torture, involuntary servitude, witness tampering, obstruction of justice, and fraud in foreign labor contracting, among others. Attempt, conspiracy, or solicitation to commit any qualifying crime also satisfies the requirement. USCIS evaluates substantial abuse by considering the nature and severity of the injury, the severity of the criminal conduct, how long the harm lasted, and whether the abuse caused permanent damage. The agency also considers the cumulative impact of a series of events, not just a single incident.
A critical step in the process is obtaining a signed law enforcement certification on Form I-918, Supplement B. Attorney Shankar notes that in Nassau County, certifying agencies include the Nassau County Police Department, the Nassau County District Attorney's Office, local village or town police departments, and the New York State Police. A conviction, arrest, or prosecution of the perpetrator is not required. "Law enforcement can sign the certification at any point during or after the investigation," he adds. "The focus is on the victim's cooperation, not the outcome of the criminal case." USCIS must receive the petition and initial evidence, including a properly completed Supplement B, within six months of the date the certifying official signed the form.
The primary petition is filed on Form I-918, along with Form I-918, Supplement A for any derivative family members, Form I-192 for applicants who need an inadmissibility waiver, and Form I-765 for employment authorization. On April 1, 2024, the USCIS Final Fee Rule expanded humanitarian fee exemptions, making all forms associated with a U visa application entirely fee-exempt through the adjustment of status stage. Shankar advises that strong documentation, including a detailed personal statement, police reports, medical records, psychological evaluations, and affidavits, strengthens the petition and reduces the risk of delays from Requests for Evidence.
Congress limits USCIS to approving 10,000 principal U visas per fiscal year, and this cap has been reached every year since fiscal year 2010, creating a substantial multi-year backlog. The Bona Fide Determination process implemented in June 2021 provides interim relief by granting deferred action status and employment authorization to petitioners whose applications are deemed to have been filed in good faith. Filing promptly is important to secure an earlier place in line for visa numbers. "Planning for each stage of the timeline is essential," Shankar observes. "From the initial filing through adjustment to permanent residence, each step has its own requirements and deadlines."
Once approved, U visa holders receive lawful nonimmigrant status for up to four years, employment authorization, and protection from removal. In New York City, agencies are also prohibited from inquiring about immigration status under NYC Executive Order 34, as amended by Executive Order 41, providing an additional layer of protection for crime victims. After maintaining U nonimmigrant status for three continuous years, holders may apply for lawful permanent residence under INA Section 245(m) by demonstrating continuous physical presence, cooperation with law enforcement, and that their continued presence is justified on humanitarian grounds, for family unity, or in the public interest.
Most grounds of inadmissibility can be waived for U visa applicants under INA Section 212(d)(14) without proving extreme hardship, a lower standard than most other immigration waivers require. Full disclosure of immigration history is essential when filing a waiver request, as failure to disclose prior violations can result in revocation of the visa even after approval.
For immigrants who have experienced a qualifying crime in New York, consulting with an immigration attorney can help clarify eligibility and begin the application process.
About Shankar & Associates PC:
Shankar & Associates PC is a Plainview-based immigration law firm focused on employment-based and humanitarian immigration cases. Led by attorney Rajat Shankar, the firm serves clients throughout Nassau County, Long Island, and New York. The firm offers flat-fee billing with no surprise costs. For consultations, call (800) 461-1467.
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Email: rajat.shankar@shankarlaw.com
Website: https://shankarlaw.com/
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Phone: (800) 461-1467
Address:518 Plainview Rd
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State: New York 11803
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Website: https://shankarlaw.com/
