The third major category of non-employment related work authorization is the U visa. These are sponsored by the Department of Homeland Security (DHS) under Immigration and Nationality Act Section 101(a)(i)(B). This provision allows for employment to be authorized for aliens who have been granted refugee status, or asylee status, in America.
These visas can be given to individuals who will suffer undue hardship if they are returned home while their cases are pending. They must also prove that they face serious threats or danger at home which prevent them from returning safely.
The employee must agree to live in the United States voluntarily while his or her case is being processed and extended. This could mean staying in a one-bedroom apartment with limited space unless additional accommodations are found.
Parents cannot apply for this type of visa for themselves so it may be difficult to find housing once here. Since employers usually offer more stable income than what an individual can earn as a self-employed immigrant, most people seeking this visa are either hired directly by the employer or provided benefits such as health insurance through their job.
This article will go into detail about some things you need to know about working under a U visa, how long it takes to get your documents proofed, and what kind of documentation you will need.
The next step is to find out if your candidate has active status with the United States government. This means they are allowed to reside in America and work here!
Most countries have their own embassies that represent the US in those lands, as well as consulates which focus more closely on local laws and regulations.
By visiting the Embassy’s website or Consulate General’s website, you can determine if your potential citizen matches any visa eligibility requirements, and whether he/she is currently authorized to enter the US.
If there is a need for additional documentation or proof, this can be gathered and submitted via mail, fax, email, or even through a visit to the premises.
The next step in applying for this visa is to apply with USCIS, the federal agency that oversees immigration processes. This means you will need to schedule an appointment at one of their offices or use their online application system.
Some things you should know about applying for the U visa through USCIS are:
You have two years after your visit to make your application. You can do it any time within those two years.
You cannot reapply for the same individual as someone who has already received the U visa. If you get approved twice, you would not be able to work while they did!
It takes around six months to a year to process each case. There is no set timing when you should expect to hear back, but we have seen cases where people found out within three months, so keep up with the developments on Facebook and check back here every few weeks.
Even though your employment has ended, you must still go through the process of getting a U Visas. This can take some time since there are so many people working on this application. It is important to stay up-to-date with the status of your application as things could move quickly or slow.
It’s helpful to know that employers can not work on obtaining the U Visa until it is officially granted. This gives you time to prepare for when it is! Once it is, make sure to notify family members and let them know what’s happening.
The next step in processing your U visa is to pay for your visa at our headquarters here in Springfield, VA. This can be done by credit card or via cashier’s check/money order. We suggest using the money form as it speeds up the process slightly.
We also recommend paying with VISA due to their fast processing times. Make sure you use the correct VISA type (visa vs gift) and know your account information!
Once paid we will review your documents and confirm that all of them are valid before submitting for approval. It may take us several days to weeks depending on how many officials we have working on U visas at any given time.
NOTE: You do not need to bring your passport to this appointment. However, you must present both your legal document proof as well as your identity proof.
The next step in processing your U-Visa is to take it to the appropriate consular office of that country. This means going to an Embassy, or if you are already living there as a resident, visiting their local division.
Some countries require you to visit within a set period of time, but most don’t. So what length of time should you be prepared for before being allowed into the country?
We won’t know that until we get through the process with your specific situation so there is no hard and fast rule. All we can tell you is that beyond any mandatory waiting times, they will likely give you a couple days at least to see someone after telling you that your paperwork was accepted.
This is because even though the government has now officially recognized you as having permission to enter their territory, they still have to verify that this authorization is valid and works during their normal business hours.
Once your documents have been verified, you will need to gather at a USCIS field office for your interview. You will be interviewed by an officer with the U Visas division to make sure that you are living a lawful life and seeking employment for a legal purpose.
During this in person meeting, the officer may ask about changes in your residence or work address, whether there are other dependents under your care, and if so how they fit into your family. They may also want to know what kind of income you expect to earn and whether you can prove it.
After the interview, the officers will review their findings and decide whether you qualify for the U Visa. This process can take several weeks, even months depending on the number of people interviewing you and the amount of documentation needed.
It’s important to have somewhere you can go to be alone, relax, and focus on other things. You don’t want to be distracted by calls, emails, or anything else while your family is in town!
There are several ways to find this space for yourself and your family. One of the best places to do this is at an off-site location that is close to home so you don’t have to travel very far. Or, if possible, consider staying at a hotel that isn’t connected to the rest of the world via technology.
This will help keep distractions to a minimum. Plus, it’s cost effective as well – nothing but time and money wasted otherwise.
Another way to make sure there’s no interruption is to choose a day with less activity. Many employers have weekends where they can coordinate appointments without any conflicts.
If you know anyone who works at either VISA or USCIS, see if they can give you advice on how to handle work during the process. People are not only trained in immigration law, but also in timing strategies so asking them about that is appropriate.
It is very important to let your loved one know that you have recovered their belongings and safety!
It is also important to be honest about what happened, if they ask. Do not make assumptions or assume false things; this can hurt their case or potentially hurt your friendship.
In some cases, it may even cost them more time as employers run background checks before hiring someone. Some employers require at least two years of no criminal activity since being hired.
If possible, take pictures and/or videos to help prove your story. This way, your friends do not need to search for these items later. Also keep track of when you last saw each other!
Legal assistance is advised as this is often times done under subpoena power which can be difficult to navigate without professional guidance.
