Finding Safety and a Path to Permanence in Maryland
Have you ever felt trapped in the shadows, afraid to report a crime because of your immigration status? Many Maryland residents face this impossible choice—staying silent about serious crimes or risking deportation. U visas were created specifically to address this dilemma, offering protection to crime victims who assist law enforcement while providing a pathway to permanent residence in the United States.
At The Spencer Firm, we see firsthand how U visas transform lives throughout Montgomery County and beyond. When Maria came to our Rockville office after surviving domestic violence, she feared both her abuser and potential deportation. Today, she holds a green card, works legally, and has rebuilt her life in Maryland—all beginning with a U visa.
What Exactly Is a U Visa?
The U nonimmigrant status (U visa) was established by Congress through the Victims of Trafficking and Violence Protection Act in 2000. This humanitarian immigration benefit acknowledges the valuable role immigrants play in helping authorities investigate and prosecute crimes, while protecting those who have suffered.
U visa holders receive:
- Legal status in the United States for up to four years
- Work authorization
- The ability to petition for certain qualifying family members
- A pathway to lawful permanent residence (green card)
- Protection from removal proceedings
In Maryland, these benefits have proven particularly valuable as local law enforcement agencies work to build trust within immigrant communities from Baltimore to Rockville and throughout the state.
Do You Qualify for a U Visa in Maryland?
To be eligible for a U visa, you must meet several requirements under federal immigration law:
- You must have been a victim of a qualifying criminal activity that occurred in the United States or violated U.S. law
- You suffered substantial physical or mental abuse as a result of the crime
- You possess information about the criminal activity
- You have been, are being, or are likely to be helpful in the investigation or prosecution of the crime
- You are admissible to the United States or qualify for a waiver of inadmissibility
Qualifying Crimes in Maryland
Maryland courts and law enforcement agencies regularly handle cases involving qualifying crimes for U visa purposes, including but not limited to:
- Domestic violence
- Sexual assault
- Felonious assault
- Abduction
- Human trafficking
- Extortion
- Stalking
- Witness tampering
- Obstruction of justice
Maryland law enforcement agencies—including the Montgomery County Police Department, Prince George’s County Police Department, and Baltimore City Police—can provide the required certification that confirms your helpfulness in a criminal investigation.
The U Visa Application Process for Maryland Residents
Step 1: Obtain Law Enforcement Certification
The first and often most challenging step is obtaining a certification from a qualifying agency confirming your helpfulness in a criminal investigation or prosecution. In Maryland, this certification (Form I-918, Supplement B) can be provided by:
- Police departments
- Prosecutors’ offices
- Judges
- Child Protective Services
- Equal Employment Opportunity Commission
- Department of Labor
Step 2: Prepare and File Your U Visa Petition
Once you have the certification, you must file:
- Form I-918, Petition for U Nonimmigrant Status
- Form I-918, Supplement B (the certification)
- Personal statement describing the criminal activity and your suffering
- Supporting documentation and evidence
- Form I-192 (if you need a waiver of inadmissibility)
While USCIS has a national processing center for U visa applications, Maryland residents’ cases are ultimately processed through the Vermont Service Center, with interviews typically conducted at the Baltimore Field Office when necessary.
Step 3: Wait for USCIS Processing
U visa processing currently faces significant backlogs. After filing, you’ll first be placed on a waiting list if USCIS determines your case is approvable, but no visa is immediately available due to the annual 10,000 visa cap.
Once on the waiting list, Maryland residents may receive “deferred action” status and apply for work authorization while waiting for final approval. This interim relief has been a lifeline for many Maryland families waiting for their cases to be fully processed.
Adjustment of Status in Maryland
One of the most valuable aspects of the U visa is its potential to lead to permanent residence. Under Immigration and Nationality Act § 245(m), U visa holders may apply for adjustment of status (a green card) if they:
- Have held a U visa status for at least three years
- Have maintained a continuous physical presence in the U.S. during those three years
- Have not unreasonably refused to assist law enforcement since receiving the U visa
- Demonstrate that remaining in the U.S. is justified on humanitarian grounds, to ensure family unity, or is in the public interest
- Are not inadmissible under INA § 212(a)(3)(E) (participants in Nazi persecution, genocide, or torture)
For Maryland residents, this adjustment process typically involves:
- Filing Form I-485, Application to Register Permanent Residence or Adjust Status
- Attending a biometrics appointment at the Baltimore Application Support Center
- Potentially attending an interview at the USCIS Baltimore Field Office
- Providing evidence of your continuous presence and ongoing cooperation with law enforcement
The adjustment process transforms temporary protection into permanent security for crime victims and their families throughout Maryland.
Maryland-Specific Considerations for U Visa Applicants
Law Enforcement Certification Practices
Different Maryland jurisdictions have varying approaches to U visa certification. For example:
- Montgomery County has established protocols for handling U visa certification requests through its police department and State’s Attorney’s Office
- The Baltimore City Police Department has dedicated personnel familiar with the U visa certification process
- Some smaller jurisdictions may have less experience with U visa certifications and might require additional education about the process
Local Resources for Crime Victims
Maryland offers several resources that can support U visa applicants:
- The Maryland Crime Victims Resource Center provides advocacy and legal assistance to crime victims
- Maryland’s Victim Information and Notification Everyday (VINE) system helps victims stay informed about their cases
- House of Ruth and other domestic violence organizations offer support services and may assist with documentation for U visa applications
Immigration Enforcement Climate
While Maryland is not a “sanctuary state,” several jurisdictions including Montgomery County, Prince George’s County, and Baltimore City have implemented policies limiting cooperation with federal immigration authorities. These policies may reduce some barriers for crime victims coming forward to report crimes and seek certification.
Common Challenges and Solutions for Maryland U Visa Applicants
Challenge: Obtaining Law Enforcement Certification
Some Maryland law enforcement agencies may be unfamiliar with or reluctant to provide U visa certifications.
Solution: Providing educational materials about the U visa program to agencies, working with victim advocates who have established relationships with law enforcement, and ensuring your request clearly demonstrates how you’ve been helpful in the investigation or prosecution.
Challenge: Complex Documentation Requirements
The U visa application requires substantial documentation of both the criminal activity and the resulting harm.
Solution: Maryland applicants can gather medical records from local healthcare providers, psychological evaluations, court records from Maryland’s judiciary case search system, and police reports to strengthen their applications.
Challenge: Long Wait Times
The current backlog means U visa applicants may wait years for final approval.
Solution: While waiting, Maryland residents on the U visa waiting list can apply for work authorization, seek supportive services through local nonprofits, and focus on building stability through education and employment opportunities available to them even while their cases are pending.
Challenge: Addressing Inadmissibility Issues
Many applicants face inadmissibility barriers due to previous immigration violations or minor criminal issues.
Solution: The U visa program allows for waivers of most grounds of inadmissibility through Form I-192. A thorough application demonstrating positive equities established in Maryland, such as family ties, community involvement, and rehabilitation, can help overcome these barriers.
Key Takeaways About U Visas in Maryland
- U visas provide critical protection for immigrant victims of crime while supporting law enforcement efforts in Maryland communities
- Maryland law provides specific timeframes for law enforcement agencies to respond to certification requests
- The U visa offers a path to work authorization, family unity, and eventually permanent residence
- Local resources across Maryland can support victims throughout the application process
- While backlogs create challenges, interim benefits provide stability during the waiting period
- Most grounds of inadmissibility can be waived for U visa applicants who show positive factors
Frequently Asked Questions
How long does it take to get a U visa in Maryland?
Due to the national cap of 10,000 U visas per year, there is currently a significant backlog. Maryland applicants typically wait 4-5 years for final approval. However, once placed on the waiting list (usually 1-2 years after filing), you may qualify for deferred action and work authorization.
Can my family members get immigration benefits through my U visa?
Yes. If you are under 21, you may petition for your spouse, children, parents, and unmarried siblings under 18. If you are 21 or older, you may petition for your spouse and children. Family members in Maryland may receive derivative U status and eventually adjust status along with the principal applicant.
I have a criminal record. Can I still qualify for a U visa in Maryland?
Possibly. While certain serious crimes may make you inadmissible, the U visa program allows for waivers of most grounds of inadmissibility through Form I-192. Each case is evaluated individually, considering factors such as the nature of your offense, rehabilitation efforts, and family ties in Maryland.
Do I need a Maryland driver’s license or state ID to apply for a U visa?
No. While documentation is important, you do not need a Maryland-issued ID to apply. However, any form of identification you have can help establish your identity in your application.
Can I apply for a U visa if the crime happened years ago?
Yes, there is no statute of limitations for U visa applications. However, you must still obtain a recent law enforcement certification confirming your helpfulness in the investigation or prosecution, which may be more challenging for older cases.
What happens if the prosecutor decided not to pursue charges in my case?
You may still qualify for a U visa. The law requires that you were helpful in the investigation OR prosecution. If you reported the crime and cooperated with police, you may be eligible even if the case was later dropped or never prosecuted.
How do I show “substantial physical or mental abuse” for my U visa application?
This can be demonstrated through Maryland medical records, psychological evaluations, photographs of injuries, personal statements, and witness affidavits. The impact of the crime on your daily functioning, recovery time needed, and any permanent or serious harm are all considered.
Can I travel outside the United States while my U visa application is pending?
We generally advise against international travel while your U visa application is pending, especially if you lack lawful status in the U.S. Leaving the country could trigger inadmissibility issues or abandonment of your application.
How The Spencer Firm Can Help You To Your U Visa Journey
Navigating the U visa process requires attention to detail, thorough documentation, and strategic planning, particularly given Maryland’s unique law enforcement landscape. Our Rockville-based team has helped numerous crime victims through this complex process, from obtaining certifications from Maryland agencies to ultimately celebrating green card approvals.
We recognize that coming forward as a crime victim takes immense courage. Our compassionate approach supports you through every step while maximizing your chances of success. Whether you’re just starting to consider a U visa or are ready to pursue adjustment of status after years in U status, we invite you to contact us for a confidential consultation.
Your path to safety and permanence in Maryland begins with a single step. Reach out today to discuss how we can help you move from victim to survivor to permanent resident.
