Helping Children of U1 Visa Applicants

U visas are available to anyone who has been a victim of a crime and wishes to report it without threat of deportation. There are many different kinds of U visas, and the U-3 visa is specifically issued to children of U1 visa holders. U1 visas are issued to victims of crimes that are violent or sexual. Having a U-3 visa can expedite the citizenship process and take you one step closer to receiving permanent resident status.

If you are the child of a U1 visa holder or would like to apply for a U-3 visa on behalf of your child, it is essential to seek assistance from an experienced legal team. Filing for a U visa of any kind can be complex, and the process can be elongated if your application contains missing or incorrect information. Our team at Elizabeth Rosario Law, PLC. will walk you through the application process every step of the way. For more information about our services and to learn how we can help you, call our office at 616-530-0101.

What is a U-3 Visa?

The U-3 visa is issued to children of U1 visa holders. A U-3 visa application can be submitted at the same time as a U1 visa application, or it can be submitted at a later date. U1 visa holders can apply for a U-3 visa on behalf of their minor children.

When issued, a U-3 visa gives a child non-immigrant status for up to four years. If more time is needed, you can file for an extension. After three years, steps can be taken to adjust the non-immigrant status to lawful permanent residence. Having a U-3 visa also protects the holder from deportation. Many children use U-3 visas as a step toward citizenship and lawful permanent residence, also known as getting a green card.

To apply for a U-3 visa, you must file Form I-918 Supplement A, also called Petition for Qualifying Family Member of U1 Recipient. This is the same form that must be filed for other family members if they wish to receive U visas, including parents, spouses, and unmarried siblings. To obtain a U-3 visa, a child’s parent must be issued a U1 visa, which is typically given to victims of violent or sexual crimes.

Who Qualifies for a U-3 Visa?

To qualify for a U-3 visa, you must be the child of a U1 visa holder. U1 visas are issued to victims of crimes who wish to report criminal activity without fear of deportation. All U visas provide protection from deportation and detainment while providing temporary legal resident status.

To qualify for a U1 visa, individuals must meet the following criteria:

• They are or were the victim of a qualifying crime (defined by the United States Citizenship and Immigration Services)
• The crime involved physical or mental abuse
• The victim can provide information about the crime
• The crime occurred in the United States or violated United States law
• The victim is willing to assist law enforcement in the investigation of the crime
• The victim is admissible to the United States

When filing for a U1 visa, the individual must provide a personal statement about the crime and how it impacted them. They must also sign a statement saying they are willing and able to help law enforcement investigate and prosecute the criminals involved in the crime.

Once the applicant has been granted their visa, their children are now eligible to apply and receive U-3 visas. U1 visa applicants can file on behalf of minor children with assistance from our legal team.

What Are the Qualifying Criminal Activities for a U1 Visa?

Not all crimes make victims eligible for U visas. In general, crimes that involve physical, sexual, or mental abuse qualify applicants for a U visa.

Below is a list of qualifying crimes as defined by the USCIS:

• Rape
• Sexual assault
• Stalking
• Torture
• Unlawful criminal restraint
• False imprisonment
• Kidnapping
• Abusive sexual contact
• Abduction
• Domestic violence
• Female genital mutilation
• Involuntary servitude
• Manslaughter
• Murder
• Extortion
• Prostitution

 

What Benefits Does the U-3 Visa Provide?

All U visas provide benefits to those who receive them. The main benefit is temporary immigration status with work authorization for up to four years. After three years, U-3 visa holders can work with an attorney on our team to begin the process of applying for lawful permanent residence. Having a U-3 visa often expedites the citizenship process and can make it much easier for children to get green cards if they wish to remain in the United States.

How Can an Immigration Lawyer Help Me?

Having a U-3 visa can make it much easier to receive lawful permanent resident status in the United States. All of the U visas have benefits and protections, including protections from deportation and detainment, which can make it much easier for individuals to report crimes and work with law enforcement.

If you are the child of a U1 visa holder or you are a U1 visa holder with a child, getting a U-3 visa is likely in your best interest. While the U-3 visa application process is fairly straightforward, including the right information and necessary documentation is essential. Missing or incorrect information could delay the visa process, leading to longer wait times for approval. Our team can guide you through the process every step of the way, ensuring that your application is submitted correctly and processed in a timely manner.

Getting a U-3 visa can be life-changing for children of U1 visa holders. Our team of attorneys at Elizabeth Rosario Law, PLC. is confident that we can help you receive a U visa and get started on your path to citizenship. To learn more about our services and to speak with a member of our team, contact us by calling 616-530-0101