U Visa Attorneys in El Paso

Not necessarily, but you do need law enforcement cooperation in some form. The certifying agency can be a police department, a prosecutor's office, a federal agency such as the FBI or ICE, a child protective services agency, or a judge. The agency must be willing to certify that you were a victim of a qualifying crime and that you have been, are being, or are likely to be helpful. If you did not report the crime at the time it occurred, it may still be possible to engage with law enforcement now and obtain a certification. Contact us to discuss your specific situation.

This fear is one of the most common concerns we hear, and it is one the U visa program was specifically designed to address. Federal guidelines strongly discourage immigration enforcement against U visa petitioners and cooperating crime victims. Additionally, the act of filing a U visa petition itself creates a record of your cooperation and good faith engagement with the system. We advise every client on how to protect themselves throughout the process.

Unfortunately, law enforcement agencies are not required to provide certifications, and some decline to do so. However, a refusal from one agency does not end the inquiry. There may be other agencies with jurisdiction over your case that are willing to certify. Additionally, some states have laws specifically addressing the certification process. We work tenaciously to identify every possible certifying authority and advocate on your behalf.

The U visa backlog is substantial. USCIS currently has far more approvable petitions than the 10,000 annual visa cap allows, which means waitlist times have stretched to several years. However, being placed on the waitlist typically comes with deferred action and work authorization, so you are not left without protection during the wait. Once your visa number becomes available and the U visa is approved, you must then wait three years before applying for a green card, though that clock runs concurrently with your time on the waitlist in some respects. Your attorney will give you the most current estimates at your consultation.

Yes. Domestic violence is explicitly listed as a qualifying crime under the U visa statute. If you have experienced domestic violence at the hands of a partner, spouse, or family member, you may be eligible for a U visa and potentially for VAWA protections if your abuser is a U.S. citizen or permanent resident. Our attorneys will evaluate both pathways and recommend the approach that provides the strongest and most comprehensive protection for your situation.

A prior removal order creates complexity but does not automatically disqualify you from a U visa. The broad I-192 waiver of inadmissibility is available to U visa applicants and covers most grounds of inadmissibility, including prior removal orders, unlawful presence, and prior immigration violations. USCIS has discretion to grant these waivers for humanitarian purposes. We assess prior immigration history carefully in every case and file waiver applications where needed.

No. USCIS does not notify the perpetrator of a U visa filing. Attorney-client privilege independently protects everything you share with our office. Your safety and confidentiality are our first concern throughout the entire process.