1. How long does it take to process an application for a U visa?

It can take up to 6 months or more for USCIS to process an application for a U visa. The processing times vary depending on the workload of the office handling the case as well as other factors.

2. Who is eligible to apply for a U visa?

U visas are available to victims of certain qualifying criminal activity who have suffered substantial physical or mental abuse and are willing to assist law enforcement or government officials in the investigation or prosecution of the criminal activity. Eligible applicants must be able to demonstrate that they: 1) have been the victim of qualifying criminal activity; 2) possess information about the criminal activity; 3) have been helpful, are being helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime; 4) have suffered substantial physical or mental abuse as a result of the crime; and 5) are admissible to the United States or, if not admissible, are eligible for a waiver of inadmissibility.

3. What evidence is required to apply for a U visa?

To apply for a U visa, applicants must submit a Certification of helpfulness from a law enforcement agency, court, or other government agency that confirms their assistance in the investigation or prosecution of one of the qualifying criminal activities. Other evidence that may be requested includes police reports, court documents, hospital records, and other relevant evidence that proves the applicant has been a victim of criminal activity.

4. What are the benefits of a U visa?

U visas provide victims of certain crimes temporary immigration relief and work authorization. It also gives victims access to services, such as the ability to secure employment authorization, which can help them rebuild their lives and move on from the traumatic experience they endured. U visa holders are also able to access public benefits, such as social security, workers’ compensation, disability insurance, and unemployment insurance. Additionally, once granted a U visa, victims have the opportunity to eventually adjust their status and apply for permanent residency, which can lead to full citizenship in the United States.

5. How does an individual apply for a U visa?

Individuals may apply for a U visa by filing Form I-918, Petition for U Nonimmigrant Status with U.S. Citizenship and Immigration Services (USCIS). Along with the form, the applicant will need to submit evidence of their victimization, the certification from a law enforcement agency, and other supporting documents.

6. What is the fee for applying for a U visa?

There is no fee for filing a U visa. However, there is a fee of $445 for biometrics (fingerprints, photograph, and signature) associated with the application.

7. Is a U visa petition approved automatically?

No, a U visa petition is not automatically approved. The petition must be reviewed and approved by U.S. Citizenship and Immigration Services (USCIS) before a person can receive a U visa.

8. How does an applicant check the status of their U visa application?

An applicant can check the status of their U visa application by calling the USCIS Contact Center. The USCIS Contact Center is available Monday through Friday, from 8:00am to 8:00pm EST. Applicants can also check the status of their application online, by using the “Check your Case Status” feature on the USCIS website.

9. Are there any restrictions on who can serve as the petitioner on a U visa application?

Yes, only certain government and law enforcement agencies are allowed to serve as petitioners on U visa applications, including federal, state, and local law enforcement agencies; prosecutors; judges; and other government agencies.

10. Can non-citizens renew their U visa status if they have already obtained it?

Yes, non-citizens who have already obtained U visa status can renew it. To do so, they must submit Form I-766 to the U.S. Citizenship and Immigration Services (USCIS) before their current U visa status expires.

11. Does having a criminal record affect the chance of being approved for a U visa?

Yes, having a criminal record can affect the chance of being approved for a U visa. USCIS will consider the applicant’s criminal history when evaluating eligibility for a U visa. Factors that may weigh against approval include any prior convictions for crimes of violence, alien smuggling, drug offenses, and firearms offenses, as well as any convictions for crimes involving fraud or deceit.

12. What are the steps of the NVC processing for U visa holders?

The NVC processing for U visa holders involves the following steps:

1. Submit the Form I-918, Petition for U Nonimmigrant Status.

2. Pay the filing fee and biometric services fee.

3. Submit supporting documents.

4. Receive an NVC case number and invoice ID number (if applicable) and a notice of action from U.S. Citizenship and Immigration Services (USCIS).

5. File your Form DS-260 Immigrant Visa Application online with the NVC.

6. Submit all required civil documents and translations to NVC.

7. Pay the visa application fee and any other applicable fees to NVC.

8. Participate in an interview with a U.S. consular officer at the U.S. embassy or consulate near you.

9. If approved, receive your visa and enter the United States as a U nonimmigrant status holder with a valid U visa issued by USCIS.

13. Are there any medical examinations required to obtain a U visa?

Yes, medical examinations may be required to obtain a U visa. Generally, U visa applicants must provide documentation that they have been examined and certified by a qualified medical professional that they have been a victim of qualifying criminal activity. The medical certification must establish that the applicant suffered physical or mental abuse as a result of the criminal activity.

14. What are the financial requirements for applying for a U visa?

U visa applicants must demonstrate that they meet all of the following financial requirements:

1. They must not be likely to become a public charge.
2. They must demonstrate that they have either the financial resources to fully support themselves, or can show that another person is willing and able to provide for their support and maintenance.
3. The applicant must demonstrate that they are able to work in the United States and be able to maintain a level of income that will sustain them during their period of authorized stay in the United States.
4. The applicant must also demonstrate that they have sufficient funds to pay for any repatriation costs associated with their departure from the United States.

15. Does having an approved Form I-360 application mean that a person is eligible to apply for a U visa?

No, having an approved Form I-360 application does not mean that a person is eligible to apply for a U visa. To be eligible for a U visa, an applicant must meet all of the criteria specified by the U.S. Citizenship and Immigration Services (USCIS) in addition to having an approved Form I-360 application.

16. Is it possible to receive work authorization when applying for a U visa?

Yes, it is possible to receive work authorization when applying for a U visa. The U visa holder may be eligible for work authorization after the initial application process is completed. U visa holders may also be eligible for extensions of the work authorization.

17. Does the NVC verify the eligibility of the applicant during the process of processing a U visa application?

No, the NVC does not verify the eligibility of a U visa applicant. It is the responsibility of the United States Citizenship and Immigration Services (USCIS) to determine the eligibility of a U visa applicant.

18. Is it possible to travel outside of the United States while waiting for the U visa application to be processed?

No, it is not possible to travel outside of the United States while waiting for a U visa application to be processed. Once the application is submitted, the applicant must remain in the United States for the entire duration of the application process.

19. How often does an applicant need to renew their status while they have a U visa?

A U visa applicant is required to renew their status every four years.

20. Does having family members in the United States affect the processing time of the application for a U visa?

Yes, having family members in the United States can affect the processing time of the application for a U visa. The U.S. Citizenship and Immigration Services (USCIS) considers a variety of factors when determining the processing time for an application, including any family ties to the United States. Having family members in the United States may help to expedite the process.