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Assisting Spouses of U1 Visa Holders
U visas, also called U non-immigrant visas, were created to help victims of crimes report their abusers without fear of deportation or detainment. Those eligible can apply for a U visa, promising they will help law enforcement investigate or prosecute the crime. In return, U visa holders get access to many benefits, including the ability to become a lawful permanent resident and the ability for family members to apply for the U visa as well.
There are many types of U visas, including U1 visas for the victims of the crime and U-2 visas for the spouses of the victims. If you are married to someone with a U1 visa, you may be eligible to apply for a U-2 visa. U-2 visas give the same benefits and can be used as a pathway to citizenship if that is your goal. Applying for a U-2 visa on your own can be complicated and could slow down the process. Our team at Elizabeth Rosario Law, PLC. can help you determine whether you qualify and also help you file and submit your application. For more information about U-2 visas, call our office today at 616-530-0101.
What is a U-2 Visa?
A U-2 visa is a type of U visa specifically meant for spouses of U1 visa holders. More specifically, U-2 visas are issued to people married to those who have been issued U1 visas. If your spouse is a victim of a crime that was violent or sexual in nature, they may be eligible for a U1 visa. If your spouse is issued a U1 visa, you can apply for a U-2 visa to get many of the same benefits and protections they have.
The primary purpose of all the U visas is to protect victims of crimes from deportation or detainment. If your spouse is a victim of a crime and does not feel comfortable coming forward to law enforcement, they can file for a U visa for protection. When a U visa is issued, the victim of the crime must agree to help law enforcement with any investigations or prosecution of the crime. They can do so without the threat of the U.S. Immigration and Customs Enforcement (ICE) looming over them.
If your spouse has been issued a U1 visa, you can apply for a U-2 visa. A U-2 visa provides benefits like eligibility for lawful permanent residence and protection from deportation. It’s essential to understand the eligibility requirements for both types of U visas before applying. If you have questions about U-2 visas or want to know more about the application process, contact our office today.
What Are the Eligibility Requirements for a U-2 Visa?
To be eligible for a U-2 visa, you must be married to an individual who has been issued a U1 visa. U1 visa eligibility requirements are strict, and not all victims of a crime qualify for one.
Below are the eligibility requirements for a U1 visa:
- You are or were a victim of a qualifying crime
- Your victimization involved mental or physical abuse
- You are willing and able to provide information about the crime
- The crime occurred in the U.S. or violated U.S. law
- You are admissible to the United States (certain exceptions apply)
- You can help law enforcement with the investigation or prosecution of the crime
If your spouse meets the criteria above, they can apply for a U1 visa. Once they have received a U1 visa, you are eligible to apply for a U-2 visa. You will need to provide documentation of your spouse’s visa as well as personal information about yourself.
What Are the Qualifying Criminal Activities?
Not all criminal activities qualify victims for a U1 visa. However, if your spouse has been a victim of a physical or sexual crime, they are likely eligible to apply.
Below is the list of qualifying criminal activities for a U1 visa:
- Perjury
- Abduction
- Abusive sexual conduct
- Kidnapping
- Female genital mutilation
- Domestic violence
- Extortion
- False imprisonment
- Rape
- Sexual assault
- Sexual exploitation
- Involuntary servitude
- Murder
- Manslaughter
- Stalking
- Torture
- Unlawful criminal restraint
- Other related crimes
What Benefits Does the U-2 Visa Provide?
All U visas provide the same benefits. Individuals who are issued U visas get temporary immigration status for qualifying family members, temporary immigration status with work authorization, and the possibility of lawful permanent residence. If you are outside the U.S., you can still apply for a U visa and get the same benefits. Our team can help you apply if you currently live outside of the country.
Lawful temporary residence is maintained for four years after the U visa is issued. After your third year as a U visa holder, you can discuss your immigration status with our team and talk about getting your green card. We will guide you through the green card process so you can continue to remain in the United States permanently.
Can a Lawyer Help Me?
If your spouse has been the victim of a crime, they deserve to seek justice without the fear of deportation. Your spouse can apply for a U1 visa to protect them as they help law enforcement with their investigation. At the same time, you can apply for a U-2 visa to reap the same benefits and start your path to citizenship.
As with all immigration issues, the application process for a U-2 visa can be complicated, requiring many different forms and lots of personal information. Our team at Elizabeth Rosario Law, PLC., has years of experience helping clients with every kind of U visa application. If you would like help applying for the U-2 visa or just want more information about U visas, don’t hesitate to reach out. Call us today at 616-530-0101.