Dear Client:
You are receiving this email because you have hired Lincoln-Goldfinch Law to help you with your U-Visa case. Thank you for trusting us with this incredibly important matter.
The U-Visa is a humanitarian visa for victims of violent crimes that took place within the United States. A U-Visa case proceeds in multiple steps.
First, we have to request the police report, then we review the police report to make sure everything looks good enough for us to be able to proceed onto the next step. We then prepare and submit the U-Visa Certification request to the appropriate law enforcement agency, whether that be a police department, a sheriff’s office, or a prosecutor’s office. This step is crucial because it is required to show that you were a victim of a qualifying crime and that you cooperated.
If the law enforcement agency refuses to sign the Certification for whatever reason, there is no formal appeals process. We will reach out to you to discuss your options and the agency’s procedures to request reconsideration.
If the agency approves and signs the Certification, we will then have a six (6) month window to prepare all the documents and file your U-Visa application with USCIS.
What we will need from you is the name of the agency that took the police report and the report number, if you have it. We will also need the name of the suspect and their date of birth, if you have it. If you have received any documents, such as a protective order, we will need a copy of it.
If you already have a copy of your police report, please send it to us right away. You can also go to the police station and request the police report on your own, which is often faster.
Of course, we are able to request the police report on your behalf, but there is a backlog, and because we are a third-party that was not involved in the crime, it can take longer for the police to authorize the release of your police report to us.
In an U-Visa case, we can include derivatives. Derivatives are family members that are connected to the victim of the crime in some way. If the victim of the crime is under 21 years of age, then parents, unmarried siblings under 18 years of age, and children of the victim can be included. If the victim is over 21 years of age, the victim’s spouse and unmarried minor children can be included.
We can include these family members even if they are outside of the United States, but there may be an extra fee for their Consular Processing. However, we feel it is best to include these family members in the application now to make the process as efficient as possible, and to keep everyone together in one case.
Please let us know if you want to add any derivatives to your case, and we can assess their eligibility and determine if there are any waivers that they may need.
Other things that you can begin working on now are gathering important documents, such as: passports, birth certificates, marriage licenses, divorce records, medical records (if there was a hospitalization or medical treatment was needed due to the crime you suffered), and any criminal records that pertain to you.
There will be other documents that you will need, like your declaration, a good moral character reference (or several, if you can) and any witness letters that might apply. We will give you more information about this later, so don’t worry about that too much right now.
A work permit application for you and any derivatives that are in the United States will be submitted at the same time as the U-Visa application.
Do NOT leave the country while we work on this process because until you receive your Green Card, you do NOT have permission to travel to and from the United States. If you leave, there will be complications in the case.
If you MUST leave the country, please call us right away so that we can discuss your options. We understand that emergencies happen and that you may need to leave the United States in order to take care of a family member, for example. If this happens, you will be able to continue your U Visa process but you must be willing to remain outside of the U.S. because you will not have permission to re-enter the U.S. lawfully until the U Visa is approved, which can take several years. In this situation, we would need to discuss the Consular Process.
Some crime victims that suffered injuries requiring medical attention, or suffered financially (such as the loss of a job, or having to flee an apartment and relocate because of abuse) may qualify for crime victim compensation from the State. Please contact us for more information if you think this applies to you.
If you have any questions or concerns, please don’t hesitate to reach out to your Client Care Specialist. Your Legal Team is readily available to address any questions or concerns you may have.
Thank you for your trust and confidence.
Our best,
Lincoln-Goldfinch Law