Filing for a Green Card after being granted a U-Visa.
A U visa is a type of nonimmigrant visa that is granted to individuals who have been victims of certain crimes and have cooperated with law enforcement in the investigation or prosecution of those crimes. The U visa allows individuals to remain in the United States for up to four years and to work legally. However, many U visa holders may be interested in obtaining a green card and becoming a permanent resident of the United States. In this article, we will discuss when someone who was granted a U visa is eligible to file for a green card and what they need to do.
Eligibility for a Green Card
To be eligible for a green card, a U visa holder must meet certain requirements. First, they must have been physically present in the United States for at least three years since they were granted the U visa. Second, they must have maintained continuous physical presence in the United States since they were granted the U visa. Third, they must not have unreasonably refused to provide assistance in the investigation or prosecution of the criminal activity.
Additionally, U visa holders may be eligible for a green card if they are admissible to the United States. This means that they must not be barred from entering the United States for certain reasons, such as having a criminal record or a medical condition that poses a threat to public health.
Filing for a Green Card
To file for a green card, a U visa holder must submit Form I-485, Application to Register Permanent Residence or Adjust Status, to U.S. Citizenship and Immigration Services (USCIS). In addition to the form, they must also submit supporting documentation, such as evidence of their U visa status, evidence of continuous physical presence in the United States, and evidence that they are admissible to the United States.
U visa holders who are applying for a green card may also be eligible for a waiver of certain grounds of inadmissibility, such as the grounds related to unlawful presence in the United States. To request a waiver, the U visa holder must submit Form I-601, Application for Waiver of Grounds of Inadmissibility, to USCIS along with evidence to support their request.
Conclusion
U visa holders who have been physically present in the United States for at least three years since they were granted the U visa and have maintained continuous physical presence in the United States may be eligible to file for a green card. To do so, they must submit Form I-485 and supporting documentation to USCIS and demonstrate that they are admissible to the United States. U visa holders who are inadmissible may also be eligible for a waiver of certain grounds of inadmissibility. It is important for U visa holders who are interested in obtaining a green card to consult with an experienced immigration attorney to understand their options and ensure that their application is filed correctly and on time.