1. What is a U visa?

A U visa is a non-immigrant visa that is available to victims of certain serious crimes who have suffered mental or physical abuse and are willing to assist law enforcement in the investigation or prosecution of the crime. The U visa allows victims to live and work legally in the United States for up to four years, and may also lead to a path towards lawful permanent residency.

2. Who is eligible for a U visa?
To be eligible for a U visa, an individual must meet the following criteria:
– Be a victim of one of the qualifying crimes listed by U.S. Citizenship and Immigration Services (USCIS)
– Have suffered physical or mental abuse as a result of the crime
– Possess information about the crime
– Be helpful, or likely to be helpful, in the investigation or prosecution of the crime
– Be admissible to the United States (or qualify for a waiver of any inadmissibility)
– Be present in the United States, American Samoa, or any port-of-entry due to persecution related to one of the qualifying criminal activities

3. What are qualifying crimes for a U visa?
The list of qualifying crimes is extensive and includes but is not limited to: domestic violence, sexual assault, human trafficking, kidnapping, blackmail, extortion, murder, manslaughter, rape, torture, incest, prostitution, abduction or unlawful criminal restraint.

4. How does someone apply for a U visa?
To apply for a U visa, an individual must submit Form I-918 – Petition for U Nonimmigrant Status along with supporting evidence and documentation. This application must be approved by USCIS before an individual can receive a U visa.

5. Can family members be included on a U visa application?
Spouses,
children under 21 years old,
unmarried siblings under 18 years old who were abused by their parent(s), and/or parents of children under 21 years old who were abused by their spouse can be included on the U visa application as derivative beneficiaries.

6. Is there a limit to the number of U visas that can be granted each year?
There is an annual cap of 10,000 U visas per fiscal year (October 1 – September 30). However, there is no cap for derivative beneficiaries.

7. How long is a U visa valid for?
A U visa is initially valid for four years. After completing three years of continuous physical presence in the United States and meeting other requirements, an individual may be eligible to apply for a green card (lawful permanent residency).

8. Can someone with a U visa travel outside of the United States?
Yes, individuals with a U visa are allowed to travel outside of the United States with proper authorization from USCIS. They must also ensure that they have all necessary documents and permissions for re-entry into the country.

9. What happens if someone’s U visa application is denied?
If an individual’s U visa application is denied, they may be placed in removal proceedings and potentially deported from the United States if their current immigration status has expired. They may also have limited options to pursue legal status in the future.

10. Can someone with a criminal record still qualify for a U visa?
Having a criminal record does not automatically disqualify someone from receiving a U visa. However, certain serious crimes or multiple minor offenses may impact eligibility and can result in denial of the application or revocation of an approved U visa if uncovered later down the road.

2. Who is eligible for a U visa?

U visas are available to victims of certain crimes who have suffered substantial physical or mental abuse and have been helpful in the investigation or prosecution of the crime. Eligible individuals must also be admissible to the United States, unless they qualify for a waiver.
Examples of qualifying crimes include but are not limited to: domestic violence, sexual assault, human trafficking, blackmail, hostage situations, and felonious assault.

3. How can someone apply for a U visa?
The first step in applying for a U visa is to file Form I-918 (Petition for U Nonimmigrant Status) with the United States Citizenship and Immigration Services (USCIS). This form must be filed by the victim or their legal representative (such as an attorney).
Along with Form I-918, applicants must submit evidence of their eligibility and cooperation with law enforcement. This may include police reports, court documents, letters from law enforcement agencies confirming assistance in the investigation or prosecution of the crime, and other supporting documentation.
Once USCIS approves the petition, applicants must apply for a U nonimmigrant visa at a U.S. consulate in their home country. If the applicant is already in the United States, they may also apply to adjust their status to that of a U nonimmigrant.
Information about all required forms and documentation can be found on the USCIS website.

4. Is there a cap on how many U visas are granted each year?
Yes, there is an annual cap of 10,000 U visas issued per fiscal year (October 1st through September 30th). However, this cap does not apply to spouses or children who are accompanying or following-to-join the principal applicant.
If the cap is reached before all qualified applications have been processed, USCIS will create a waiting list and issue “deferred action” grants that allow approved applicants to stay temporarily in the United States until a visa becomes available.

5. Can family members of the U visa applicant also receive a U visa?
Yes, spouses and children (under 21 years old and unmarried) of the principal U visa applicant may also be eligible for U visas as “derivative” applicants. Derivative applicants do not count towards the annual cap of 10,000 visas.
It’s important to note that derivative applicants must still meet all eligibility requirements and provide evidence of their relationship to the principal applicant.

6. How long does it take to obtain a U visa?
The processing time for a U visa can vary depending on factors such as the volume of applications being received and the complexity of each case. Generally, USCIS aims to process petitions within 4 months from the date they are received.
Applicants who are currently in the United States may also face additional wait times for their adjustment of status application to be approved and for their U visa interview at a consulate abroad.
Overall, it is difficult to predict an exact timeline for obtaining a U visa, but it can often take over a year from start to finish.

7. Can someone with a pending U visa application get a work permit?
Yes, once an individual has received approval for their Form I-918 petition, they are eligible to apply for an employment authorization document (EAD) while they wait for their U visa application to be processed. This EAD allows them to legally work in the United States while they wait for their visa number to become available.

8. Can someone with a U visa eventually apply for permanent residency?
Yes, after holding a valid nonimmigrant status (such as the U visa) continuously for at least three years and meeting certain other requirements, individuals can apply for permanent resident status through adjustment of status or consular processing.
There is no guarantee that an individual will be approved for permanent residency through this process as they must continue to meet eligibility requirements.

9. Can someone with prior criminal convictions still apply for a U visa?
Yes, but certain criminal convictions may make an individual ineligible for a U visa or require them to obtain a waiver. USCIS will review the specific circumstances of each case and may consider factors such as the severity and nature of the crime, how much time has passed since the conviction, and any evidence of rehabilitation.
It’s important for applicants to provide thorough and honest information about any criminal history in their application.

10. Can someone who is currently in removal proceedings still apply for a U visa?
Yes, individuals can still apply for a U visa while they are in removal proceedings (also known as deportation proceedings) or if they have received an order of removal. However, they must also request that their immigration case be administratively closed or terminated in order to proceed with their U visa application.
If an applicant’s U visa is approved and they are not yet eligible to leave the United States due to their immigration status, the final decision on whether or not to grant permanent residency may be delayed until they are eligible to adjust their status.

3. How do I apply for a U visa?

To apply for a U visa, you must complete and submit Form I-918, along with supporting documents and evidence, to the U.S. Citizenship and Immigration Services (USCIS). You will also need to submit a Form I-918 Supplement B, which must be completed by a certifying law enforcement agency or other authority.

The following are the steps to applying for a U visa:

1. Determine eligibility: Before beginning the application process, make sure you meet all of the eligibility requirements for a U visa. This includes being a victim of certain qualifying crimes and being helpful in the investigation or prosecution of that crime.

2. Complete Form I-918: The main form for applying for a U visa is Form I-918, Petition for U Nonimmigrant Status. This form can be downloaded from the USCIS website or obtained from your local USCIS office.

3. Gather supporting documents: Along with your completed Form I-918, you will need to submit various supporting documents as evidence of your eligibility. This may include police reports, court documents, medical records, and letters from law enforcement agencies certifying your helpfulness in the investigation or prosecution of the crime.

4. Complete Form I-918 Supplement B: As mentioned earlier, this form must be completed by a certifying official who can verify that you were helpful in the investigation or prosecution of the crime.

5. Submit your application: Once you have completed all necessary forms and gathered all required documents, you can submit your application to USCIS by mail or electronically through their online portal.

6. Wait for a decision: It typically takes several months for USCIS to process U visa applications. If approved, you will receive an approval notice and will then need to go through additional steps such as obtaining medical exams and submitting biometrics before receiving your U visa.

It is important to note that there is a cap on the number of U visas that can be issued each year, so even if you meet all the eligibility requirements, you may still have to wait for a visa to become available. However, in some cases, you may be eligible for a temporary work permit while waiting for your U visa application to be processed.

Additional resources and assistance can also be found through organizations such as the National Immigrant Women’s Advocacy Project and the American Immigration Lawyers Association.

4. What documents do I need to apply for a U visa?

In order to apply for a U visa, you will need the following documents:

1. Form I-918, Petition for U Nonimmigrant Status: This is the main form used to apply for a U visa.

2. Form I-918 Supplement B, U Nonimmigrant Status Certification: This form must be completed by law enforcement or government officials who can certify that you were a victim of qualifying criminal activity and have been helpful in the investigation or prosecution of that crime.

3. Personal statement: You will need to provide a written statement detailing your personal history and how you were a victim of a qualifying crime.

4. Evidence of being a victim: This can include police reports, court records, protection orders, and other documents related to the incident(s) of qualifying criminal activity.

5. Proof of physical or mental abuse (if applicable): If you are claiming to have suffered physical or mental abuse as a result of the qualifying criminal activity, you will need to provide documentation from medical professionals or counselors.

6. Proof of helpfulness: You will need to provide evidence to show that you have been helpful in the investigation or prosecution of the crime. This can include letters from law enforcement or prosecutors, and any other relevant documentation.

7. Identification documents: You will need copies of your valid passport or national identity document, birth certificate, and any other official identification documents.

8. Evidence of ongoing presence in the United States: You will need to provide proof that you are currently present in the United States, such as employment records, rent receipts, or bills in your name.

9. Two passport-style photos: These should be recent photos taken within the past 30 days.

10. Application fee: There is an application fee for the U visa and any necessary biometric services fees.

11. Optional supporting documents: You can also submit any additional evidence that supports your case and shows that you meet all eligibility requirements for a U visa. This can include letters of support from family, friends, or community organizations.

Note: All documents not in English must be translated into English by a certified translator.

5. 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 approximately 4-6 months for USCIS to make a decision after the submission of all required materials. However, the waiting time may be longer due to the high volume of U visa applications currently being received by USCIS.

6. Can my family members also receive a U visa?

Yes, certain family members of the principal U visa applicant may also be eligible to receive derivative U visas. Eligible family members include spouses, children (unmarried and under 21), parents, and unmarried siblings under the age of 18. They must have suffered substantial physical or mental abuse as a result of the qualifying criminal activity and be helpful in the investigation or prosecution of that crime. Only immediate family members are eligible for derivative visas; grandparents, aunts, uncles, cousins, etc. do not qualify. However, if you received a U visa while you were under the age of 21 and later get married, any future spouse and stepchildren may still be eligible for derivative status even if they were not included on your original application.

It’s important to note that derivative U visas are only available if there are enough visas allotted by Congress for each fiscal year. If there are more principal applicants than available visas, then no derivatives will be granted for that year. Additionally, derivatives can only be issued after the principal applicant has been approved for their U visa.

7. Will my criminal record affect my chances of getting a U visa?

Yes, your criminal record can affect your chances of getting a U visa. In order to be eligible for a U visa, you must demonstrate that you have been or are likely to be a victim of a qualifying crime and that you have been helpful or are likely to be helpful in the investigation or prosecution of that crime. However, certain criminal convictions may make you ineligible for a U visa. These include convictions for serious criminal offenses, crimes involving moral turpitude, and multiple non-significant misdemeanor convictions. If you are concerned about how your criminal record may affect your U visa application, it is best to consult with an experienced immigration attorney.

8. Do I need to have a police report to apply for a U visa?

Yes, a police report is considered an essential piece of evidence when applying for a U visa. It helps establish that you were a victim of a qualifying crime and that you have been cooperating with law enforcement in the investigation or prosecution of the crime. This report will be one of many pieces of evidence submitted to U.S. Citizenship and Immigration Services (USCIS) to support your U visa application.

9. What if I am in the United States illegally, can I still apply for a U visa?

Yes, you can still apply for a U visa even if you are in the United States illegally. The application process does not require proof of legal immigration status. However, if your application is approved, you will need to obtain a lawful immigration status in order to receive the actual U visa.

10. Is there an annual limit on the number of U visas granted by the US government?

No, there is no annual limit on the number of U visas that can be granted by the US government. The U visa program is based on individual eligibility and there is no cap on the total number of visas that can be issued each year.

11. Do I need an attorney to help me with my U visa application?

While it is not required, it is highly recommended that you consult with an attorney who has experience with U visa applications. The U visa application process can be complex and having the guidance of an experienced attorney can increase your chances of success. Additionally, an attorney can help ensure that your application is thorough and complete, as well as assist in gathering any necessary evidence or documentation.

12. Can I travel outside of the United States with a U visa?

Yes, most U.S. Immigration and Customs Enforcement (ICE) Field Offices allow U visa holders to travel outside of the United States with prior approval. However, it is important to have all necessary documents and approvals before traveling, as well as to follow all immigration laws and regulations while abroad. It is recommended to consult with an immigration attorney for specific guidance regarding international travel with a U visa.

13. What rights do I have as a holder of a valid U visa?

As a holder of a valid U visa, you have the following rights:

1. Work Authorization: You have the right to legally work in the United States, as long as your U visa remains valid.

2. Protection from Removal: While your U visa application is pending, you are generally protected from removal or deportation proceedings. If you receive a removal order, you may request to stay in the United States based on your pending U visa application.

3. Family Members Covered: Your spouse and children under 21 years old may also be included in your U visa application and receive protection from removal or deportation.

4. Access to Services: As a victim of crime, you may also be eligible for certain government benefits and services such as housing assistance, counseling, and medical care.

5. Adjustment of Status: After three years of continuous presence in the United States after being granted a U visa, you may apply for lawful permanent residency (also known as a green card).

6. Privacy Protections: Your personal information submitted with your U visa application is confidential and protected by law.

7. Social Security Number: You may obtain a social security number once your work authorization has been approved.

8. Extension of Status: If necessary, you can request an extension of your U nonimmigrant status if it will help with an ongoing investigation or prosecution related to your qualifying crime.

9. Safety Planning Assistance: You have the right to receive safety planning assistance from law enforcement officials while assisting with criminal investigations or prosecutions related to your qualifying crime.

10. Public Benefits Eligibility: Some states allow individuals with pending or approved U visas to be eligible for certain public benefits such as state-funded health insurance programs or unemployment benefits.

11. Ability to Travel Abroad: With advanced permission from USCIS, you can travel abroad while keeping your U nonimmigrant status active.

12. Employment Perks: Some employers offer special perks for employees who are victims of crime, including flexible work schedules and job accommodations. You may also be eligible for certain protections under labor laws.

13. Rights as a Crime Victim: As a victim of crime, you have the right to be treated with fairness, dignity, and respect during any court proceedings related to your case. You also have the right to receive information about the progress of your case and attend court hearings.

14. Can I work in the United States with a U visa?

Yes, individuals with a U visa can receive employment authorization and legally work in the United States. This authorization is typically valid for up to four years and can be extended if the individual’s case is still pending. Additionally, U visa holders may also be eligible to apply for a green card after three years of holding U nonimmigrant status.

15. Can I study in the United States with a U visa?

Yes, you can study in the United States with a U visa. In fact, holders of U visas are allowed to work and study in the United States without obtaining additional work or student visas. However, U visa holders are still subject to certain regulations and requirements for studying in the US, such as maintaining a full course load and applying for a new visa if they plan to travel outside of the country. It is important to consult with an immigration attorney or your designated school official for guidance on studying in the US as a U visa holder.

16. Are there any age restrictions for applying for a U visa?

Yes, there are minimum age requirements for applying for a U visa. The law requires that the victim of certain crimes must be 16 years old or older to be eligible for a U visa. However, if the victim is under 16 years old, they may still be eligible if they can demonstrate that they are unable to care for themselves and their caregiver is also eligible for a U visa.

17. Can certified translators help me with my application if English is not my first language?

Yes, certified translators can assist you with your application if English is not your first language. They can provide accurate translations of your documents and possibly even provide support in filling out application forms. It is important to work with a certified translator who is familiar with the specific requirements and terminology of the application you are applying for.

18.Can I renew or extend my stay in the United States on a U Visa?

Yes, it is possible to renew or extend your stay in the United States on a U Visa. However, you must meet certain requirements and follow the proper procedures.

To renew your U visa, you must file Form I-765, Application for Employment Authorization, to request an Employment Authorization Document (EAD). This must be done at least 120 days before your current EAD expires. You must also submit evidence that you have been helpful in the investigation or prosecution of the crime that qualified you for the U visa.

If you are granted a U visa extension, it will be valid for up to four years from the date it was issued. You may also apply for a renewal of your U visa every two years as long as you continue to meet the requirements and provide evidence of continued helpfulness in the criminal case.

If your U visa is granted and you are living outside of the United States when it expires, you will need to seek admission into the country using your expired U visa. To do this, you can present a valid passport along with either evidence of USCIS approval of Form I-129, Petition for Nonimmigrant Worker [U] submitted by your employer requesting extension of your employment authorization, or a copy of Form I-918 with written confirmation from ICE that evidences extenuating circumstances exist which delayed adjudication. If ICE has not yet adjudicated your initial Form I-918, bring evidence demonstrating that ICE has not provided written confirmation within 90 days after submission of initial EAD extension packet.

It is important to note that obtaining a renewal or extension does not change any other conditions or restrictions on your status in the United States. Additionally, if you leave the country while on a U visa extension or renewal, you may need to go through consular processing before returning to the United States. It is recommended that anyone seeking an extension or renewal consult with an experienced immigration attorney for guidance on the process.

19.What happens if my application for a U Visa is rejected?

If your application for a U Visa is rejected, you may request an appeal within 15 days of receiving the rejection notice. An immigration judge will review your case and make a decision. If the appeal is also denied, you may reapply for a U Visa in the future if you are able to meet all the eligibility requirements at that time.

20.What steps should I take if someone tries to scam me in regards to obtaining US Visa – Nonimmigrant-U Visa status?

1. Do not disclose any personal information: Never provide your personal information, such as passport number, bank account details or social security number to anyone claiming to help you with obtaining a US visa.

2. Verify the legitimacy of the person/company: Research the person or company contacting you and check if they are a legitimate immigration consultant or agency. You can also check their credentials with the local authorities or professional bodies.

3. Look out for red flags: Be cautious of emails or phone calls claiming that you have won a visa lottery without applying for one, or someone demanding payment in exchange for a guaranteed visa.

4. Do not pay any fees upfront: Legitimate immigration agencies will never ask for payment before providing their services. If someone asks for money upfront, it is likely a scam.

5. Report the scammer: If you feel that you have been targeted by a scammer, report them to the appropriate authorities immediately. This can include local law enforcement, your country’s embassy or consulate, and/or the United States Citizenship and Immigration Services (USCIS).

6. Seek advice from trusted sources: Consult with reputable immigration lawyers or organizations to get accurate information about the US visa application process.

7. Don’t be pressured into making quick decisions: Scammers often use pressure tactics to coerce their victims into making hasty decisions. Take your time and carefully consider all your options before taking any action related to your visa application.

8. Be wary of fake websites: Scammers may create fake websites that look like official immigration websites to trick people into submitting personal information or paying fake fees.

9. Be cautious of unsolicited offers: If someone reaches out to you claiming they can expedite your visa application process for an additional fee, be suspicious and do not engage with them.

10. Trust your instincts: If something feels off about a situation involving your visa application process, trust your instincts and proceed with caution.