1. How can I apply for a Green Card as a U Visa holder?

The U visa is a nonimmigrant visa classification that allows victims of certain crimes who have suffered mental and/or physical abuse and are willing to assist law enforcement in the investigation or prosecution of those crimes to remain in the United States for up to four years. To apply for a green card as a U Visa holder, you must first file an I-485 Application to Register Permanent Residence or Adjust Status. The form is available on the United States Citizenship and Immigration Services (USCIS) website. You must also file Form I-918, Supplement A, and Form I-765, Application for Employment Authorization Document. Additional documentation, such as proof of your U Visa status, will be required.

2. What documents do I need to provide during the Green Card application process?

The documents you’ll need to provide during the Green Card application process include: 1) a valid passport, 2) birth certificate, 3) marriage certificate (if applicable), 4) tax returns for the last few years, 5) evidence of financial stability such as pay stubs or bank statements, 6) proof of legal entry into the US such as a visa or I-94 form, 7) evidence of employment, and 8) any additional documentation requested by the US Citizenship and Immigration Services.

3. How does the U Visa program affect my eligibility for a Green Card?

The U Visa program does not directly affect your eligibility for a Green Card. However, if you are the victim of certain serious crimes and meet certain other requirements, you may be eligible to apply for a U visa. Once you are granted a U visa, you may be eligible to apply for a Green Card after three years of continuous physical presence in the United States.

4. What is the difference between a Green Card and a U Visa?

A Green Card is a form of permanent residency, allowing the holder to live and work in the United States indefinitely. A U Visa is a nonimmigrant visa that allows crime victims who have suffered mental or physical abuse to stay in the U.S. temporarily and eventually apply for permanent residency. The U Visa is usually granted to victims who have been cooperative in the investigation or prosecution of the crime.

5. Is there an alternative to the Green Card program for U Visa holders?

Yes, there is an alternative to the Green Card program for U Visa holders. This alternative is called the Immigration and Nationality Act U visa adjustment of status. This allows U Visa holders to adjust their status to lawful permanent residence without having to go through the labor certification process or the visa preference system. This can be done once a U Visa holder has been physically present in the US for at least three years, they have maintained continuous physical presence in the US from the date of admission and their U Visa has been approved.

6. How long will it take to receive a Green Card after applying?

It typically takes between 7-9 months to receive a Green Card after applying. However, the timeline can vary depending on the individual case and can take up to several years in some cases.

7. Is there an age limit to receive a Green Card?

Yes, there is an age limit to receive a Green Card. Applicants who are under the age of 14 or over the age of 79 are not eligible to receive a Green Card.

8. Can I bring family members on my Green Card application as a U Visa holder?

Yes, your family members, including your spouse and children, can be included as derivative beneficiaries on your Green Card application if you are a U Visa holder.

9. What types of criminal convictions may disqualify me from obtaining a Green Card?

Criminal convictions that may disqualify a person from obtaining a Green Card include any felony or aggravated felony conviction, as defined in U.S. immigration law, any conviction for a crime involving moral turpitude, multiple criminal convictions, and any conviction related to the illegal possession or trafficking of controlled substances.

10. Can I travel while my Green Card application is being processed?

Yes, you may travel while your Green Card application is being processed. However, it is important to make sure that you have all the required documents with you, including your valid passport and I-797, Notice of Action. It is also important that you have proof of your continuous residence in the U.S.

11. What restrictions are associated with a Green Card obtained through the U Visa program?

A Green Card obtained through the U-Visa program is valid for four years and can be renewed if the applicant continues to meet the requirements of the U-Visa program. The cardholder may not travel outside the United States for more than 90 days in any 12-month period without prior written approval from the United States Citizenship and Immigration Services (USCIS). The cardholder must also remain present in the United States for a minimum of three years in order to apply for permanent resident status.

12. What is the process for appealing a denied Green Card application?

The process for appealing a denied Green Card application depends on the reason for the denial. Generally, an applicant may appeal the decision by filing a Form I-290B with U.S. Citizenship and Immigration Services (USCIS). The form must be filed within 30 days of receiving the denial notice. The appeal must include evidence to prove why the denial decision should be overturned. The evidence must include facts and legal arguments that were not considered in the original application. If the appeal is denied, the applicant can file a motion to reopen or reconsider the decision with USCIS. The applicant must provide new evidence or facts not previously considered in order to support their case. If USCIS upholds the denial decision, the applicant may file a judicial review of the case with the U.S. Court of Appeals.

13. How often do I need to renew my Green Card as a U Visa holder?

If you have a U visa and a Green Card, you must renew your Green Card every 10 years.

14. Are there any other benefits attached to a U Visa-based Green Card?

Yes, U Visa holders who are granted a permanent residence card, also known as a Green Card, will be eligible to work in the United States, attend school, and travel in and out of the country. Additionally, they may be able to apply for federal benefits, such as Social Security or Medicare, and may also qualify for certain types of public assistance.

15. When can I start working once I have been issued a Green Card?

Once you have received your Green Card, you may begin working in the United States. However, it is important to remember that you must still adhere to the conditions of your visa and comply with all applicable U.S. laws.

16. Can I receive Social Security or Medicare benefits after receiving my Green Card through the U Visa program?

Yes, you can receive both Social Security and Medicare benefits if you are eligible. However, you must meet all the requirements for eligibility in order to receive these benefits.

17. Are there any restrictions on leaving the United States while holding a U Visa-based Green Card?

Yes, there are restrictions. U visa holders must maintain continuous physical presence in the United States during their green card status. A departure of more than 90 days in any given 12-month period will be considered an abandonment of the U visa status.

18. Is there an expiration date for my U Visa-based Green Card?

Yes, your U Visa-based Green Card is valid for 4 years and can be renewed up to 10 years. After that, you must apply for a new Green Card.

19. Are there any obligations associated with maintaining permanent residency as a U Visa holder?

Yes, there are certain obligations associated with maintaining permanent residency as a U Visa holder. These include:

1. Paying taxes on time
2. Complying with all immigration laws and regulations
3. Reporting any changes of address or employment to USCIS
4. Maintaining good moral character
5. Not engaging in criminal activity or certain other activities that could lead to the termination of status
6. Notifying USCIS of any trips outside of the United States lasting more than six months or any extended absences from the United States

20. Can I be deported if I fail to meet the requirements of my U Visa-based Green Card?

Yes. If you are unable to meet the requirements of your U Visa-based Green Card, you may be subject to deportation. Make sure to talk to an immigration attorney to ensure you are meeting all the requirements.