Fort Myers U Visa Attorney

Path to Safety & Legal Status After a Crime

If you or a loved one survived a qualifying crime here in Lee County, fear of deportation should never keep you from reaching out for help. U.S. immigration law offers a unique form of humanitarian relief specifically for crime victims who assist law enforcement: the U Nonimmigrant Status, commonly known as the U Visa.

At Hurtado Immigration Law Firm, we see firsthand how hard it can be to come forward. Navigating local police departments, state attorney offices, and federal immigration channels feels intimidating, especially when English isn't your primary language or when past immigration hiccups hang over your head. We are here to listen without judgment, review your history with total discretion, and chart a clear path forward for your family.

Call our Fort Myers office today at (239) 800-0580 or send us a message online to schedule a confidential, bilingual consultation.

What Is a U Visa & How Does It Protect You?

The U Visa was created by Congress to encourage non-citizens to report qualifying crimes and assist law enforcement without allowing their immigration status to automatically prevent them from seeking this form of protection. If you suffered substantial physical or mental abuse from a qualifying criminal activity in the United States and were helpful, or are willing to be helpful, to law enforcement in investigating or prosecuting that offense, you may be eligible for legal status.

An approved U Visa grants:

• Temporary legal status in the U.S. for up to four years.
• Employment authorization, allowing eligible U Visa applicants to work legally in the United States.
• The opportunity to include qualifying family members, depending on your age and family relationship.
• An opportunity to apply for a Lawful Permanent Resident Green Card after three years of continuous physical presence in U Visa status, provided you meet the additional requirements for adjustment of status.

People Commonly Asks

What if I have an old deportation order or crossed the border without papers?

You may still qualify. Depending on the circumstances, Form I-192 may allow an applicant to request a waiver of applicable grounds of inadmissibility, including certain immigration violations or criminal-related grounds. The waiver is discretionary, so a careful review of your immigration and criminal history is important. Full and accurate disclosure of your history is also essential when preparing your application.

Can my family members get legal status through my U Visa?

Yes. Principal applicants can petition for qualifying derivative family members. If you are 21 or older, you can include your spouse and unmarried children under 21. If you are under 21, you can include your spouse, children, parents, and unmarried siblings under 18.

How much does it cost to request a law enforcement certification from local police?

There is no USCIS filing fee for Form I-918, Supplement B. Individual law enforcement agencies may have their own procedures for reviewing certification requests, including their own timelines and administrative requirements. Applicants should check the agency's current procedures before submitting a certification request.

Do I need to speak English to apply for a U Visa?

No. You do not have to speak English to apply for a U Visa. Your application and supporting materials can be prepared with appropriate language assistance and translation when needed. Our entire team speaks Spanish fluently to ensure your story is told accurately.

Local Realities in Southwest Florida: Overcoming Common Hurdles

Filing for a U Visa in Lee County comes with specific local nuances. In neighborhoods across East Fort Myers, Pine Manor, and along the Palm Beach Boulevard corridor, many residents suffer in silence because of rumors about local law enforcement practices. We routinely address these real-world concerns directly with our clients.

Case Status vs. Helpful Cooperation

A frequent misconception across Southwest Florida is that you can only apply for a U Visa if the offender was caught, charged, or sent to prison. That is simply not how the federal standard works.

Whether the Lee County Sheriff’s Office or the Fort Myers Police Department actively solved the case or ultimately logged the file as inactive due to lack of evidence, the legal standard focuses on whether you have been, are being, or are likely to be helpful in the investigation or prosecution. Reporting the crime and cooperating with reasonable requests from law enforcement can be important parts of that determination.

Workplace Violence & Retaliation

Southwest Florida’s economy relies on day labor, agriculture, hospitality, and job site construction. Unfortunately, bad actors sometimes rely on an employee's lack of legal status to commit physical assaults, extortion, or other qualifying criminal activity, threatening to call immigration authorities if the victim speaks up. U Visa protections may provide an immigration protection that can help break this cycle of intimidation.

Understanding the Wait: Deferred Action & Work Permits

Because Congress caps standard U Visas at 10,000 principal petitioners per fiscal year, USCIS faces a substantial backlog. However, some eligible applicants may receive protection while waiting for their petition to be fully adjudicated.

Through the Bona Fide Determination (BFD) process, USCIS conducts an initial review of certain pending U Visa petitions. If USCIS determines that the petition is bona fide and the petitioner warrants a favorable exercise of discretion, the agency may grant deferred action and employment authorization while the petition remains pending.

Filing a clean, well-organized petition from day one can help present your case clearly during the review process.

Qualifying Crimes for a U Visa Application

To move forward with a U Visa petition, the offense must fall under specific categories defined by federal law. 

Common qualifying offenses we evaluate include:

• Domestic violence and felony assault. Attacks by intimate partners, household members, or others that involve qualifying criminal conduct.
• Sexual assault and abusive sexual contact. Sexual offenses occurring within U.S. jurisdiction that meet the applicable federal requirements.
• Extortion and blackmail. Threatening bodily harm or other qualifying conduct to force money, property, or compliance.
• Felonious unlawful imprisonment or kidnapping. Being held against your will or forcibly moved in circumstances that meet the applicable legal requirements.
• Felony stalking. Serious patterns of threatening or harassing conduct that meet the federal requirements for a qualifying crime.

If you are unsure whether the incident you survived meets the legal standard for a qualifying crime, our team can examine your police incident report and help determine if it aligns with federal statutory requirements.

The Core Stages of Your U Visa Application

Putting together a strong U Visa submission requires careful coordination across local and federal channels:

1. Case Review & Police Report Retrieval

We start by gathering official incident reports, medical records, and witness statements from the Lee County Sheriff’s Office, Fort Myers Police Department, or surrounding municipal agencies in Collier and Charlotte counties.

2. Law Enforcement Certification (Form I-918 Supplement B)

Before filing your main U Visa petition with USCIS, a designated official from a qualifying law enforcement agency or prosecutor’s office must sign Form I-918 Supplement B. This document helps establish that you were a victim of qualifying criminal activity and have been, are being, or are likely to be helpful to law enforcement in the investigation or prosecution. 

Navigating this stage may require communication with law enforcement certifying officials or the appropriate prosecutor’s office, depending on which agency handled the case.

3. Addressing Past History (Form I-192 Inadmissibility Waiver)

Many crime survivors have previous immigration entries without inspection, prior deportation orders, or past arrests that may create grounds of inadmissibility.

The U Visa program provides a broad waiver mechanism for many grounds of inadmissibility through Form I-192, Application for Advance Permission to Enter as a Nonimmigrant. Whether a waiver is granted is discretionary and depends on the circumstances of the individual case.

4. USCIS Submission & Bona Fide Review

Once the complete packet, including signed certifications, personal statements, evidence of substantial harm, and necessary waivers, is assembled, we submit the petition to USCIS to initiate the review process. Depending on the circumstances and USCIS's determination, an eligible petitioner may receive deferred action and employment authorization while the U Visa petition remains pending.

Why Choose Hurtado Immigration Law Firm?

When you work with Hurtado Immigration Law Firm, you are partnering with a legal team that understands your journey on a personal level.

• Lived immigrant perspective. Our founder, Attorney Pablo Hurtado, came to the U.S. as an immigrant from Bolivia before becoming a naturalized U.S. citizen. Having walked through the U.S. immigration system personally, he brings genuine empathy, dignity, and personal understanding to every client’s file.
• Prosecutorial background. Attorney Hurtado’s prior public service as an Assistant State Attorney provides our firm with valuable insights into law enforcement procedures, criminal evidence standards, and state attorney protocols, assets when requesting law enforcement certifications.
• Fluent bilingual service. Language should never stand between you and legal protection. Our firm delivers full, end-to-end legal support in both English and Spanish (Se Habla Español), making sure you feel understood and informed at every meeting.
• Rooted in Fort Myers since 2011. For over a decade, we have represented individuals, families, and workers throughout Lee County and across the nation, maintaining strong community involvement and high ethical standards.
• Accessible remote options. Whether you prefer meeting face-to-face in our Fort Myers office or connecting through encrypted video calls and secure digital document portals, we tailor our service to fit your daily schedule.

Take the Next Step Toward Safety & Legal Standing

You do not have to live in fear or remain in the shadows because of a crime committed against you. Let our experienced Fort Myers team help you explore the legal protections created for crime survivors under U.S. law.

Contact Hurtado Immigration Law Firm at (239) 800-0580 today or complete our online contact form to schedule your initial consultation. We are ready to help you understand your options and prepare your case.