Immigration Law Is All About Family

How can a U visa impact your family?

On Behalf of | Mar 21, 2017 | Visas

As someone who entered the country through unconventional methods, you may face numerous anxieties on a daily basis. Issues that could seem negligible to a citizen or green card holder may seem insurmountable to you as an undocumented immigrant. Illness, injury or even crimes committed against you may leave you more fearful as the threat of deportation may loom if you choose to seek help. These fears may amplify even more if you have children you hope to protect.

On the bright side of an otherwise dark situation, you may have the ability to gain assistance through special visas if you or, in some cases, your child or children meet certain qualifications. For example, a U visa could help you gain temporary nonimmigrant status if you have been the victim of a qualifying crime and can help authorities investigate the crime.

What if your child was a victim?

If your child suffered due to a crime committed against him or her, you undoubtedly have many fears about the situation. In addition to worrying about the wellbeing of your child, you may wonder whether such action could qualify you or your child for a U visa. In some cases, you could potentially apply for this type of visa on behalf of your child as an indirect victim.

If the victimized child has not yet reached the age of 21 and cannot provide help to law enforcement when it comes to investigating the crime, you may have the ability to apply for indirect victim status in the pursuit of a U visa. You could also potentially vie for this status if someone murdered your child as a part of the crime.

Can a U visa protect your family?

If you suffered due to a crime and choose to apply for a U visa, you may also have the ability to include your immediately family. If your age exceeds 21 years, your spouse and unmarried children under age 21 could potentially obtain derivative status. For individuals under age 21, derivative status could apply to parents, unmarried siblings younger than 18, spouses and children.

If the individual who committed the crime against you or your child is an immediate family member, he or she does not qualify for derivative status.

Because applying for a U visa and going through the necessary legal channels can seem intimidating, you may find yourself wondering whether you should even report the crime. However, by coming forward, you may have the ability to gain beneficial nonimmigrant status for yourself and your family.

Luckily, you do not have to face such situations alone, and an experienced Colorado attorney could act as a valuable advocate.