1. What is a U Visa?

A U visa is a special type of visa issued to noncitizen victims of certain crimes who have suffered mental or physical abuse and are willing to assist law enforcement and government officials in the investigation or prosecution of the criminal activity. The U visa is intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases involving domestic violence, sexual assault, trafficking of aliens, and other crimes, while also offering protection to victims of such crimes. The visa is also intended to help victims of crime who are willing to cooperate with authorities by offering them a means of staying in the United States legally.

2. How do I apply for a U Visa?

You can apply for a U Visa by submitting an I-918 Petition for U Nonimmigrant Status to the U.S. Citizenship and Immigration Services (USCIS). This application must be accompanied by supporting documents, such as evidence of your victimization, evidence of law enforcement or government agency certifications, and other supportive documents. For more information on the application process, please see the USCIS website here: https://www.uscis.gov/green-card/u-nonimmigrant-status.

3. What are the eligibility requirements for a U Visa?

To be eligible for a U Visa, the individual must:

1. Have been a victim of qualifying criminal activity
2. Possess information about the criminal activity
3. Have suffered substantial physical or mental abuse due to the criminal activity
4. Have been helpful, be helpful, or be likely to be helpful to law enforcement in the investigation or prosecution of the criminal activity
5. Be admissible to the United States.

4. What types of crimes are considered eligible for U Visas?

U Visas are typically used to protect victims of certain criminal activities, including domestic violence, sexual assault, trafficking, involuntary servitude, and other related crimes. It can also be granted for those who have suffered substantial mental or physical abuse as a result of criminal activity.

5. How long does it take to receive a U Visa decision?

The U.S. Citizenship and Immigration Services (USCIS) usually takes about six to eight months to process a U visa application. However, the processing times vary based on the number of applications received and the complexity of individual cases. In some cases, USCIS may take up to twelve months or more to process a U visa application.

6. Can I travel outside the United States while my U Visa application is pending?

No, you cannot travel outside of the United States while your U Visa application is pending. If you must travel outside the United States,you may need to make a special request for advance parole with U.S. Citizenship and Immigration Services (USCIS).

7. Can I work while my U Visa application is pending?

Yes. You may be eligible to apply for work authorization while your U visa application is being processed. You will need to complete Form I-765 and submit it with your U visa application. If your U visa application is approved, the work authorization will be automatically extended.

8. If I am granted a U Visa, how long can I remain in the United States?

If you are granted a U Visa, you may remain in the United States for up to four years. After four years, you may be eligible to apply for lawful permanent residence status (also known as a green card).

9. Is there an age limit for applying for a U Visa?

Yes, there is an age limit for applying for a U visa. Applicants must be under the age of 21 at the time of filing their application.

10. Do I need to speak English in order to qualify for a U Visa?

No, you do not need to speak English in order to qualify for a U Visa. However, it will be helpful if you can understand and communicate with the USCIS personnel during the application process. Some USCIS offices may offer interpreters or translation services.

11. Can I qualify for a U visa if I have prior criminal convictions?

Yes, you can still qualify for a U visa if you have prior criminal convictions. However, if the criminal conviction is related to the reason why you are applying for the U visa (i.e., if it is related to the crime you are a victim of or reporting), then it may make it more difficult to be approved.

12. Is there an annual limit on the number of U Visas issued?

No, there is not an annual limit on the number of U Visas issued. The U.S. Citizenship and Immigration Services (USCIS) grants up to 10,000 U Visas per fiscal year. U Visas are granted to victims of certain qualifying criminal activities who have suffered substantial mental or physical abuse.

13. What documents do I need to submit when applying for a U Visa?

When applying for a U Visa, you will need to submit evidence that you meet the eligibility requirements, such as proof of a qualifying criminal activity, evidence of impact of the crime on you, and a certification letter from a certifying agency. Additionally, you will need to provide a copy of your passport, birth certificate, government identification documents, affidavits from persons with knowledge about the criminal activity and any other documents that may support your application.

14. Is there any fee associated with obtaining a U Visa?

Yes, there is a fee associated with obtaining a U visa. The filing fee for Form I-918, Petition for U Nonimmigrant Status, is $930. There may also be additional fees associated with filing Form I-192 (Waiver of Inadmissibility), Form I-765 (Application for Employment Authorization), or Form I-485 (Application to Adjust Status).

15. Do I need to provide proof of good moral character when applying for a U Visa?

Yes, you must provide proof of good moral character when applying for a U Visa. This can include documentation such as letters of recommendation or character references from people who can attest to your moral character. You may also need to provide evidence of any community involvement or volunteer work you have done, as well as any awards or recognition you have received.

16. Are there any restrictions on employment or travel while on a U Visa?

No, there are no restrictions on employment or travel while on a U Visa. However, it is important to remember that U visa status is temporary and must be renewed every four years. If the visa holder travels outside the United States during that time, the visa will no longer be valid. It is also important to inform USCIS of any changes in address or employment status.

17. Can a spouse or children apply for derivative status based on my U Visa application?

Yes. Spouses and unmarried children under 21 of the principal U visa applicant may be eligible for derivative U visa status.

18. How do I apply for permanent residence through a U visa?

To apply for permanent residence through a U visa, you must first apply for the U visa, and then submit an I-485 form to the U.S. Citizenship and Immigration Services (USCIS). The I-485 form is the application to adjust your status to a lawful permanent resident (LPR), and it must be accompanied by supporting documents that demonstrate eligibility for a U visa. Once your application is approved, you will be granted a green card allowing you to live and work in the United States as a lawful permanent resident.

19. Are there any benefits available to U visa holders that are not available to other visa categories?

Yes, U visa holders are eligible for certain benefits that are not available to other visa categories. For example, U visa holders may be eligible for certain state and federal public benefits, such as Medicaid and Temporary Assistance for Needy Families (TANF). They may also be eligible for employment authorization and be able to file a petition for certain family members to obtain lawful permanent residence.

20. Where can I get help with filling out my U visa application and understanding the process?

You can get help from a qualified immigration attorney. They can assist you with understanding the process, filling out the forms, and providing other information about the application process. Additionally, you can also find resources online and at your local library regarding the U visa process. It is important to research and understand all of the requirements before submitting the application.