Injured workers eligible for visa?
Joel came to our office after he was attacked by a trespasser while making his rounds as a security guard. Borrego law’s careful review of his case showed that he might be eligible for residency under federal immigration laws as well as work injury benefits under California state laws!
Undocumented injured workers can file for legal status (U Visa) in the United States as a result of workplace related criminal activity or violence. The crime or violence does not have to be a violation of the penal code. This visa was specifically created to benefit victims of criminal activity or violence, including injured workers. Congress wrote that the U visa “will strengthen the ability of law enforcement agencies to detect, investigate, and prosecute [crimes] committed against aliens, while offering protection to victims of such offense in keeping with the humanitarian interests of the United States.” Pub. L. No. 106-386, Div. B, Title V, § 1513(a)(1)(A)-(B), Oct. 28, 2000, 114 Stat. §1513(a)(2)(A). The U-visa allows the immigrant to stay for up to 4 years and apply for permanent residence status thereafter.
Every case is different. Call us a for a free consult.
José Borrego
Attorney
(916) 446-4911
Joseborregolaw.com