1. What is a U visa?

A U visa is a type of nonimmigrant visa that provides protection to victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement in the investigation or prosecution of the crime. It allows individuals to obtain lawful status in the United States and work authorization for up to four years, with the possibility of obtaining permanent residence after three years.

2. How do I qualify for a U visa?
To be eligible for a U visa, you must meet the following requirements:

– Be the victim of a qualifying crime (such as domestic violence, sexual assault, human trafficking, etc.)
– Have suffered mental or physical abuse as a result of the crime
– Have information about the crime and be willing to assist law enforcement in its investigation or prosecution
– Be admissible to the United States (or obtain a waiver)
– Show that you would suffer extreme hardship if you were forced to leave the US

3. What is considered a qualifying crime for a U visa?
The list of qualifying crimes includes but is not limited to: domestic violence, sexual assault, human trafficking, kidnapping, false imprisonment, blackmail, involuntary servitude, torture, rape and other violent crimes.

4. Can my family members also receive benefits from my U visa?
Yes, certain qualifying family members can also receive derivative U visas based on their relationship with you. This includes your spouse, children under 21 years old and parents if you are under 21 years old.

5. How do I apply for a U visa?
To apply for a U visa, you must first file Form I-918 with United States Citizenship and Immigration Services (USCIS). If your petition is approved, you will then need to file Form I-192 (application for waiver) if applicable.

6. Is there an annual limit on U visas?
Yes ,the number of available U visas is capped at 10,000 per fiscal year (October 1-September 30). However, this does not include derivative visas for family members.

7. How long does it take to process a U visa application?
The processing time for a U visa application can vary, but it typically takes several months or even years due to the high number of applications and the annual cap on visas.

8. Can I work with a U visa?
Yes, if your U visa application is approved, you will receive work authorization for up to four years.

9. Can I travel outside of the United States with a U visa?
Yes, you can apply for permission from USCIS to travel outside the US with your U visa. This is known as advance parole.

10. Can I apply for permanent residence with a U visa?
After holding a U visa for three years, you may be eligible to apply for permanent residence (also known as a green card). You must meet certain eligibility requirements and have complied with all terms and conditions of your U visa status.

2. Who is eligible for a U visa?

A U visa is available to victims of certain qualifying 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. The victim must also be admissible to the United States, which means that they must not have any disqualifying factors such as a criminal record, prior immigration violations, or health issues. The applicant must also demonstrate that they have suffered substantial harm as a result of the crime and that they are cooperating with law enforcement.

3. How can I apply for a U visa?

To apply for a U visa, you must submit a Form I-918, Petition for U Nonimmigrant Status, along with all required supporting documents and evidence. You can find the form and instructions on the United States Citizenship and Immigration Services (USCIS) website.

In addition to the Form I-918, you must also include:

– A personal statement detailing how you have been or are being helpful to law enforcement in the investigation or prosecution of a qualifying crime
– Evidence that you have suffered substantial physical or mental abuse as a result of the qualifying crime
– Documentation showing that you are admissible to the United States, such as a waiver if applicable
– Proof of your relationship to any qualifying family members
– Any additional evidence requested by USCIS

You may also need to obtain certification from a law enforcement agency confirming that you are assisting in the investigation or prosecution of a qualifying crime.

4. Are there any fees associated with applying for a U visa?
Yes, there are several fees that must be paid when applying for a U visa. These include:

– Filing fee for Form I-918: $385
– Biometric services fee (if applicable): $85
Note: Asylum seekers and T nonimmigrants do not have to pay this fee.
– Fee for fingerprinting (if necessary): varies depending on location

If you cannot afford to pay these fees, you may request a fee waiver by submitting Form I-912, Request for Fee Waiver, along with your application.

5. How long does it take to process a U visa application?
The processing time for a U visa application varies depending on several factors, including the volume of applications received and whether any additional information or evidence is requested from the applicant. On average, it takes around 18 months for an initial decision to be made on a U visa application.

However, applicants with pending U visa applications may also be eligible for a temporary work authorization while their case is being processed. This is known as U visa parole, and it allows the applicant to legally work in the United States for up to 4 years.

6. Can I apply for a U visa if I am in removal proceedings?
Yes, you may still be able to submit a U visa application if you are in removal proceedings. In some cases, filing a U visa application can even stop deportation proceedings and allow you to remain in the United States.

You should consult with an attorney if you are undocumented or have any legal status other than U nonimmigrant status before submitting a U visa application while in removal proceedings.

7. Are there any limitations on the number of U visas granted each year?
Yes, there is a limit of 10,000 U visas that can be issued each fiscal year (October 1 through September 30). This limit does not include certain family members who may also be granted U visas. If the cap has been reached, USCIS will place eligible applicants on a waiting list until a new fiscal year begins.

8. Can my family members who are not direct victims of crime also apply for U visas?
Yes, certain family members of the primary applicant may also qualify for derivative benefits and apply for their own U visas. These family members include spouses, children (under 21 years old), parents (if the victim is under 21 years old), and unmarried siblings under 18 years old (if the victim is under 21 years old).

9. Will applying for or having a U visa affect my future immigration applications?
No, applying for or having a U visa should not have any negative impact on your future immigration applications. In fact, after holding U nonimmigrant status for 3 years and meeting certain requirements, you may be eligible to apply for lawful permanent residency (a green card).

However, it is important to consult with an experienced immigration attorney about any potential issues or concerns before submitting a U visa application.

4. What are the benefits of having a U visa?

There are several benefits of having a U visa, including:

1. Legal status in the United States: With a U visa, you are granted lawful status in the United States for up to four years.

2. Work authorization: You are eligible to work in the United States with a valid U visa.

3. Eligibility for permanent residency: After three years of holding a U visa, you may be eligible to apply for a green card.

4. Protection from deportation: Once your U visa application is approved, you are protected from deportation as long as your U visa remains valid.

5. Ability to travel outside the United States: You can apply for permission to travel outside of the US while on a U visa.

6. Access to certain public benefits: Some states allow U visa holders access to public assistance programs such as health care, education, and housing.

7. Derivative visas for family members: Certain family members may also be able to obtain derivative visas based on your eligibility for a U visa.

8. Opportunity to extend stay if necessary: If your case is still ongoing after four years, you can apply for an extension of your stay until the criminal case or investigation is complete.

9. Possibility of obtaining citizenship: After five years of holding legal status through a U visa (three years with a green card), you may be eligible to apply for US citizenship.

10. Help law enforcement efforts: The purpose of the U visa program is to help law enforcement agencies investigate and prosecute crimes committed against immigrants without fear of deportation. By obtaining a U Visa, you contribute to these efforts and help keep communities safer.

5. What type of documentation do I need to apply for a U visa?

To apply for a U visa, you will need to submit Form I-918 along with supporting documentation that demonstrates your eligibility for the visa. This may include a personal statement detailing the crime you were a victim of, evidence of your cooperation with law enforcement, and proof of the physical or mental harm you suffered as a result of the crime. You will also need to provide documentation that proves your identity, such as a valid passport or birth certificate. Additionally, you may need to submit evidence of your relationship to the perpetrator and any other relevant documents to support your case. It is important to consult with an immigration attorney for guidance on what specific documents are needed for your unique case.

6. How long is a U visa valid for?

Typically, a U visa is valid for four years once it is approved. However, if the individual actively assists in the investigation or prosecution of the crime, the U visa may be extended by an additional four years. After a total of eight years on a U visa, the individual may be eligible to apply for permanent residence.

7. Are there any restrictions on travel while I have a U visa?

As a U visa holder, you are allowed to travel within the United States. However, you will need to have your Form I-918, Notice of Approval or Form I-797, Receipt Notice with you at all times. If you plan to travel internationally, you will need to obtain advance permission from USCIS by filing Form I-131, Application for Travel Document and providing evidence of the reason for your travel.

If you leave the United States without obtaining a valid Advance Parole document, your U visa can be revoked and you may not be allowed to return to the United States. It is important to consult with an immigration attorney before traveling while on a U visa.

8. Do family members of U visa holders qualify for a derivative U nonimmigrant status?

Yes, certain family members of U visa holders may qualify for derivative U nonimmigrant status. Eligible family members include spouses, children (under 21 years of age and unmarried), and parents in certain cases. The U visa holder must be at least 21 years old to petition for their parents. Other family members, such as siblings or grandparents, do not qualify for derivative status. The principal U visa holder must have included any eligible family members in their initial U visa application and the family members must continue to meet the eligibility requirements for derivative status at the time of application.

9. What rights do I have when I have a U visa?

When you have a U visa, you have the following rights:

1. The right to stay in the United States for up to four years.
2. The right to apply for a work permit and legally work in the United States.
3. Protection from deportation and removal proceedings while your U visa application is pending.
4. Ability to obtain a social security number and driver’s license in some states.
5. Access to certain public benefits such as emergency Medicaid, food stamps, and housing assistance.
6. The right to travel in and out of the United States with a valid U visa or travel document.
7. Eligibility for certain forms of relief from deportation if your U visa is denied.
8. The right to report crimes to law enforcement without fear of deportation or arrest related to immigration status.
9. Certain family members may also be eligible for a derivative U visa based on your application.

It is important to consult with an experienced immigration attorney for specific information regarding your rights and eligibility for a U visa.

10. Is there an age limit to be eligible for a U visa?

No, there is no age limit to be eligible for a U visa. Applicants of any age can be eligible as long as they meet the eligibility requirements. However, applicants under the age of 16 may face challenges in obtaining a waiver for the inadmissibility grounds associated with a U visa application.

11. Can I work or study in the United States while I have a U visa?

Yes, you are eligible to work and study in the United States while on a U visa as long as you have valid work or study authorization. You will need to apply for a work permit (also known as an Employment Authorization Document or EAD) from USCIS. Once approved, you will be able to work for any employer in the United States. You can also pursue education or vocational training without obtaining separate permission.

It is important to note that your primary purpose for being in the United States must still be to assist law enforcement with the investigation and prosecution of the qualifying crime that made you eligible for a U visa. If USCIS determines that your primary purpose for remaining in the United States has changed, they may revoke your U visa status.

Additionally, if you are studying in the United States on a student visa, you may need to maintain full-time enrollment at your school in order to retain your student status. It is recommended that you speak with an immigration attorney if you plan on working or studying while on a U visa.

12. How long does it take to receive approval on my U Visa application?

It typically takes approximately 4-6 months for a decision to be made on a U Visa application. However, this time frame can vary depending on the backlog of applications at the U.S. Citizenship and Immigration Services (USCIS) office processing your case. Additionally, if USCIS requests additional evidence or an interview, it may take longer to receive a decision.

13. How many U visas are available each year?

There are approximately 10,000 U visas available each fiscal year. In addition, any unused visas from the previous year may also be carried over to the following year.

14. What are the restrictions on my spouse or children when I have a U Visa?

There are no restrictions placed on your spouse or children when you have a U visa. They are eligible to live and work in the United States as derivative beneficiaries of your U visa. They may also attend school, obtain a driver’s license, open bank accounts, and travel outside of the United States with the proper documentation.

15. Can I adjust my status to permanent resident after having a U Visa?

Yes, you may be eligible to adjust your status to permanent resident (also known as getting a green card) after having a U visa. In order to do so, you must meet all the eligibility requirements for adjustment of status, including maintaining lawful nonimmigrant status and meeting any additional requirements specific to U visa holders. You will also need to apply for an adjustment of status with USCIS and provide evidence that you have met the requirements for a U visa. It is recommended that you consult with an immigration attorney for assistance with the process.

16. What happens if my application for a U Visa is denied?

If your application for a U Visa is denied, you will receive written notice from the U.S. Citizenship and Immigration Services (USCIS) explaining the reason for the denial. You may be able to appeal the decision or reapply with additional evidence. It is important to consult with an experienced immigration attorney for guidance on your options.

17. Does the U Visa provide me with permanent residency and citizenship rights?

Yes, after you have had a U visa for three years, you may apply for lawful permanent residency (also known as a green card). After five years of being a permanent resident, you may be eligible to apply for U.S. citizenship through naturalization. However, this timeline and eligibility may vary depending on individual circumstances. It is recommended that you consult with an immigration lawyer to fully understand your options and eligibility for permanent residency and citizenship.

18. Are there any financial requirements to qualify for a U Visa?

There are no specific financial requirements to qualify for a U Visa. However, applicants must show proof of hardship if they are requesting a waiver of the inadmissibility grounds, and may benefit from having financial resources to cover any associated application fees or expenses for legal representation. Additionally, law enforcement agencies that certify the form I-918B must verify that the applicant has been helpful in the investigation or prosecution of the qualifying crime, which may require applicants to provide evidence of their cooperation such as travel expenses or lost wages.

19. Does having a U Visa mean I can stay in the US indefinitely?

No, having a U Visa does not mean you can stay in the US indefinitely. While the initial U Visa is valid for four years, recipients may be eligible to apply for permanent residency (green card) after three years of continuous presence in the US. However, this process can take several years and there are certain criteria that must be met for a U Visa holder to obtain permanent residency. Additionally, U Visa holders must continue to cooperate with law enforcement and may be at risk of deportation if they engage in criminal activity or violate their immigration status.

20. Are there any other restrictions on those who receive a U Visa?

Yes, there are several restrictions on those who receive a U Visa.

– Work Authorization: U Visa recipients are eligible to apply for work authorization in the United States, which allows them to legally work and earn income. However, they must maintain their nonimmigrant status and can only work for the petitioning employer or with authorization from USCIS.
– Travel Restrictions: U Visa recipients may travel outside of the United States with authorization from USCIS, but they must obtain a re-entry permit before leaving. If they leave without obtaining this permit, their U Visa status may be terminated.
– Criminal Activity: U Visa recipients must not engage in criminal activity that would render them ineligible for the visa or cause their deportation. They must also notify law enforcement if they change their address or contact information.
– Removal Proceedings: U Visa recipients who have outstanding orders of removal may still be subject to deportation unless the Department of Homeland Security consents to their continued stay in the United States.
– Public Benefits: U visa recipients may be eligible for certain public benefits, such as housing assistance and food stamps, but they are generally not eligible for federal public benefits until they have been in lawful permanent resident status for at least five years.

It is important for U Visa recipients to comply with these restrictions and any other conditions set by USCIS in order to maintain their status and eventually apply for lawful permanent resident status.