U-Visas for Victims of Criminal Activity
What is the U-Visa?
The U nonimmigrant status is for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of the criminal activity.
People on a U-Visa are able to obtain work authorization. U-Visas are valid for 4 years with extensions available in certain limited circumstances. However, if while on a U-Visa, you stay physically present in the US for at least 3 years and you have not unreasonably refused to provide assistance to law enforcement, you may be eligible to apply for a Green Card.
Eligibility:
You may be eligible for a U-Visa if:
You are the victim of a qualifying criminal activity
You have suffered substantial physical or mental abuse as a result of having been a victim of criminal activity,
You have information about the criminal activity,
You were helpful, are helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime,
The crime occurred in the United States or violated U.S. laws, and
You are admissible to the United States
Application Process:
In order to apply for a U-Visa, file Form I-918, I-918 Supplement B, a personal statement, & evidence with the USCIS Vermont Service Center.
The necessary forms are form I-918, Petition for U Nonimmigrant Status, along with Supplement B, U Nonimmigrant Status Certification. Supplement B must be signed by an authorized official of the certifying law enforcement agency and the official must confirm that you were helpful, and currently being helpful, or will likely be helpful in the investigation or prosecution of the case.
If any inadmissibility issues are present, file a Form I-192, Application for Advance Permission to Enter as a Nonimmigrant, to request a waiver of inadmissibility.
You should also submit a personal statement describing the criminal activity and what happened, as well as evidence to establish each of the eligibility requirements listed above.
If you are outside to the US, you can still apply by filing the necessary forms with the Vermont Service Center and follow the directions that they send you. If approved, you will go through consular processing to enter the US, which includes and interview with a consular officer at the nearest US Embassy or Consulate.
Visa Cap
Each year, the number of people able to get U-Visas is 10,000. Once 10,000 people have been granted U status, USCIS creates a waiting list for everyone else. People placed on the waiting list will be granted deferred action or parole while they wait and are eligible to apply for work authorization.
Once additional visas become available, people on the waiting list will receive a decision about their visa in the order that their petition was received.
Qualifying Family Members
Certain qualifying family members are eligible for a derivative U-visa based on their relationship to you, the principal, filing for the U-visa. You must have your U-visa approved before your family members can be eligible for their own derivative U-visa.
If you are under the age of 21, you can apply for your spouse, children, parents, and unmarried siblings under the age of 18 to obtain this derivative U-status, and if you are over 21, you may petition for your spouse and children.
If you have any questions, or would like to hire a licensed attorney to file your application, please reach out! Hope Immigration is here for you.
Qualifying Criminal Activities
Abduction
Abusive Sexual Contact
Blackmail
Domestic Violence
Extortion
False Imprisonment
Female Genital Mutilation
Felonious Assault
Fraud in Foreign Labor Contracting
Hostage
Incest
Involuntary Servitude
Kidnapping
Manslaughter
Murder
Obstruction of Justice
Peonage
Perjury
Prostitution
Rape
Sexual Assault
Sexual Exploitation
Slave Trade
Stalking
Torture
Trafficking
Witness Tampering
Unlawful Criminal Restraint
Other Related Crimes where the elements of the crime are substantially similar
Attempt, conspiracy, or solicitation to commit any of the above crimes