United States immigration laws provide an opportunity for aliens who have been victims of certain crimes and who have obtained U nonimmigrant status to become lawful permanent residents. This status is reserved for those who have been victims of certain crimes, have suffered physical or mental abuseand have provided assistance to law enforcement agencies and government officials in the investigation or prosecution of criminal activities.
Eligible family members of U nonimmigrants may also receive derived nonimmigrant status (U-2 for spouses, U-3 for children, U-4 for parents and U-5 for siblings). This provides a path for those who have been victims of crimes and their families to obtain legal status in the United States.
Primary Applicant Eligibility (U-1)
To be eligible for a green card Based on U-1 nonimmigrant status, the principal applicant must meet several requirements, according to U.S. Citizenship and Immigration Services, including:
- Properly file Form I-485: This form, known as the “Application for Registration of Permanent Residence or Adjustment of Status”, is essential to apply for permanent residence.
- Be legally admitted under U-1 nonimmigrant status– This means you must have entered the United States legally under U-1 nonimmigrant status.
- Be under U-1 nonimmigrant status at the time of filing Form I-485– You must maintain your U-1 nonimmigrant status during the application process.
- Have been physically present in the United States for at least three years since you were admitted as a U-1 nonimmigrant– This requirement ensures that you have been in the country for a considerable amount of time.
- Not having unreasonably refused to provide assistance in the investigation or prosecution of qualified criminal activity: As a victim of a crime, you must have cooperated with authorities.
- Not be inadmissible under section 212 (a) (3)(E) of the INA: must not fall under any category of inadmissibility established by law.
- Justify your presence in the United States for humanitarian reasons, to ensure family unity, or in the public interest– You must demonstrate that your stay in the United States has a valid and justified purpose.
- Deserving a favorable exercise of discretion: the decision to grant the green card is subject to the discretion of Uscis, which will consider various factors, including the existence of favorable and adverse factors in your case.
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Grounds for inadmissibility for the green card
In general, If you are adjusting your status based on U nonimmigrant status, you will not be required to be admissible to the United States. However, there are exceptions. For example, if you have participated in Nazi persecution, genocide, or have committed acts of torture or extrajudicial killing, you will be considered inadmissible under the law and will not be eligible to obtain a green card.
If you are currently in the United States and meet the requirements, you may file Form I-485, Application to Register Permanent Residence or Adjust Status to seek the green card. Additionally, there are special confidentiality protections for those in U nonimmigrant status.
Applying for employment and travel authorization is also an important aspect. You can apply for employment authorization by submitting Form I-765, Application for Employment Authorization. If you need to temporarily travel outside the United States while your Form I-485 is pending, you should refer to Form I-131, Application for a Travel Document.
Family members of U-1 nonimmigrants may also be eligible to obtain the green card as derived applicants. Spouses (U-2), children (U-3), parents (U-4), and siblings (U-5) of a U-1 nonimmigrant who meet certain requirements may qualify..
To be eligible as a derived nonimmigrant family member, must meet similar requirements as the main applicantincluding being physically present in the United States.
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