Sandy, OR asked in Immigration Law for Oregon

Q: If I was a witness in a violence case can I can a U visa ?

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1 Lawyer Answer
Carl Shusterman
Carl Shusterman
  • Immigration Law Lawyer
  • Los Angeles, CA

A: Hopefully, you were a witness for the prosecution.

To be eligible for a Green Card based on U-1 nonimmigrant status, you must meet the following requirements:

You properly file Form I-485, Application to Register Permanent Residence or Adjust Status;

You were lawfully admitted in U-1 nonimmigrant status;

You are in U-1 nonimmigrant status at the time you file your Form I-485;

You have been physically present in the United States for a continuous period of at least three years since you were admitted as a U-1 nonimmigrant. You must have at least three years of continuous presence at the time you file your Form I-485 and must continue to be physically present through the date that USCIS makes a decision on your adjustment application;

You have not unreasonably refused to provide assistance in the investigation or prosecution of the qualifying criminal activity, starting from when you were first admitted as a U-1 nonimmigrant through the date that USCIS makes a decision on your application;

You are not inadmissible under INA section 212(a)(3)(E);

Your presence in the United States is justified on humanitarian grounds, to ensure family unity, or is in the public interest; and

You merit a favorable exercise of discretion

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