Q: I would like to know about the u-visa. I recently have been the victim for a crime.

A: The U Visa requires the cooperation of the prosecutor’s office. A number of Texas prosecutors have chosen to ignore Federal law. This, because, as politicians, a few may not realize that a deported client is not a good witness. Some witnesses do not qualify for a U visa based upon the criminal offense for which they witnessed. In addition, the processing times can exceed four years or more.

As a result, you should hire an experienced immigration attorney. I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before there are any further complications. Good luck.

The above is general information, not legal advice, and does not create an attorney client relationship.

A: In order to apply for a U visa using Form I-918, Petition for U Nonimmigrant Status, you must meet the following criteria and provide substantial evidence to U.S. Citizenship and Immigration Services (USCIS):

You must have been a victim of a “qualifying criminal activity,” and this crime must have occurred in the United States or violated U.S. law. Indirect and bystander victims are also eligible to apply in certain circumstances. For example, a murder victim obviously cannot benefit from a U visa, but another person who witnessed the murder or a close family member who was impacted by it may have information that is helpful to law enforcement. For more on this, see "Both Direct and Indirect Victims Can Qualify for U Nonimmigrant Status (U Visa)."

In the course of this criminal activity, you must have suffered substantial physical or mental abuse.

You have useful information about this criminal activity (or if under age 16, your parent, guardian or “next friend” such as a counselor or social worker can provide this information for you).

You (or your parent, guardian, or next friend) have been or will be “helpful” to law enforcement in order to bring the perpetrator of this crime to justice.

You are admissible to the United States or you are applying for a waiver using Form I-192, Application for Advance Permission to Enter as a Non-Immigrant.

You can apply for a U visa from within the U.S. or abroad at a U.S. consulate. Be sure to consult with an advocate familiar with U visas or an experienced immigration attorney who can help you with your application. Keep reading for more information on what evidence is necessary to prove that you qualify for a U visa.