1. What is a U Visa?
A U Visa is a nonimmigrant visa that allows victims of certain crimes (such as domestic violence, sexual assault, and human trafficking) to remain in the United States lawfully for a period of up to four years. The visa also provides access to work authorization and other forms of legal relief, such as protection from deportation.
2. Who is eligible for a U Visa?
In order to be eligible for a U visa, a person must be a victim of a qualifying criminal activity who has suffered substantial physical or mental abuse. The person must also have information about the criminal activity and be willing to help law enforcement authorities in the investigation or prosecution of the crime. In addition, the person must show that he or she has been, is being, or is likely to be helpful to the investigation or prosecution of the criminal activity.
3. How do I apply for a U Visa?
To apply for a U Visa, you must first complete Form I-918, Petition for U Nonimmigrant Status. This form must be accompanied by supporting documentation such as evidence of your qualification for a U visa, as well as evidence of the crime or abuse you experienced. After submitting the form, you must wait to be notified by U.S. Citizenship and Immigration Services (USCIS) whether or not your application has been accepted. If accepted, you will then be eligible to apply for a U Visa, which involves filing Form I-765, Application for Employment Authorization.
4. What type of documentation do I need to apply for a U Visa?
To apply for a U visa, you must provide documentation that demonstrates that you fit the criteria for the visa. This can include police reports, medical records, affidavits from law enforcement officers, and other documents that show the crime and its impact on you. You must also provide evidence that you have been helpful, are helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime.
5. How long does it take to get a U Visa?
It typically takes 10-17 months for the U.S. Citizenship and Immigration Services (USCIS) to process a complete U visa application.
6. How long is a U Visa valid for?
A U Visa is valid for up to four years. It may be renewed if the applicant meets the eligibility criteria.
7. What happens after my U Visa expires?
Once your U visa expires, you may be eligible to apply for a green card. You must meet the eligibility requirements for a green card, including demonstrating that you have been physically present in the U.S. for at least 3 years and that you have not committed any disqualifying criminal activity. If approved, you will receive lawful permanent resident status.
8. Can I travel while my U Visa is pending?
Yes. As long as you have a valid I-192 waiver, you can travel internationally while your U visa is pending.
9. Can I travel while my U Visa is approved?
Yes, you can travel while your U visa is approved. However, it is important to keep a valid U visa status while traveling. The USCIS requires you to present a valid Form I-797 approval notice, valid passport, and a valid U visa stamp in your passport to re-enter the United States. If you plan to travel outside of the United States, you should apply for a Form I-192 waiver prior to leaving the United States.
10. What are the benefits of having a U Visa?
The U visa provides a variety of benefits:
1. Legal status to live and work in the U.S. for four years (the visa can be extended).
2. Access to work authorization and a Social Security number.
3. Eligibility for certain public benefits, such as Medicaid, Supplemental Security Income, and Temporary Assistance for Needy Families (TANF).
4. The ability to pursue a green card after three years of having a U visa.
5. Access to certain educational opportunities and programs if you are under 21 years old.
6. Protection from removal or deportation from the U.S., provided the requirements for the U visa are met.
7. A pathway to permanent residency in the U.S.
11. Does having a U Visa guarantee me legal status in the U.S.?
No, having a U Visa does not guarantee legal status in the U.S. A U Visa is a nonimmigrant visa that allows certain victims of serious crimes who have suffered mental or physical abuse and are willing to help law enforcement or government officials in the investigation or prosecution of criminal activity to remain in the U.S. for up to four years. After three years, those with a U Visa may be eligible to apply for lawful permanent resident status (a green card).
12. Does having a U Visa give me the right to work in the U.S.?
Yes. After you have been granted a U visa and you are physically present in the United States, you may apply for employment authorization by filing Form I-765, Application for Employment Authorization.
13. Does having a U Visa give me the right to access certain public benefits?
Yes, having a U visa can give you the right to access certain public benefits, including health care, nutrition assistance, and emergency disaster relief. You may also be eligible for work authorization and other benefits depending on the state you live in.
14. Are there any risks associated with applying for a U Visa?
Yes, there are risks associated with applying for a U Visa. First, a U Visa is only accessible if an individual has proof of being a victim of a serious crime and can demonstrate that they have suffered substantial physical or mental abuse as a result. An applicant must also show that they have been helpful, or are likely to be helpful, to law enforcement in the investigation or prosecution of the criminal activity. This information can put an applicant at risk of further violence from their perpetrator or their associates. Additionally, the process for applying for a U Visa can take a long time, so individuals may have to wait several years before their application is approved. Additionally, even if an individual is approved for a U Visa, there is no guarantee that they will eventually be granted permanent residence status or citizenship in the United States.
15. Are there any criminal convictions that would make me ineligible for a U Visa?
Yes. Certain criminal convictions may make a person ineligible for a U Visa. Convictions for certain violent or drug-related crimes or convictions for three or more misdemeanors can result in ineligibility.
16. Are my family members eligible for a U Visa if I am approved for one?
No, family members are not eligible for a U Visa if you are approved for one. However, if your family members meet the eligibility criteria for U Visa classification, they may be able to apply for a U Visa on their own.
17. What happens if my application for a U Visa is denied?
If your application is denied, you may be able to appeal the decision or reapply. If you have a lawyer, they can advise you of the best course of action and any other available remedies. Additionally, U visa applicants may be eligible for deportation relief and other immigration benefits.
18. Who can I contact if I have additional questions about the U visa process?
You can contact the National Immigration Legal Services Directory to find a free or low-cost legal service provider near you who can answer your questions about the U visa process. You can also contact the U.S. Citizenship and Immigration Services (USCIS) at 1-800-375-5283 or visit their website for more information.
19. What is the process for renewing my U visa?
The process for renewing a U visa is fairly straightforward. To begin, you must file Form I-539, Application to Extend/Change Nonimmigrant Status, with U.S. Citizenship and Immigration Services (USCIS). You must also include the $370 filing fee and any applicable biometric fees. Along with the application, you must also provide proof of your continued eligibility for the visa, including evidence of continuing to suffer mental or physical abuse and evidence that you are assisting or have assisted law enforcement. Finally, you must provide evidence that the original U visa was granted. Once the application has been received by USCIS, it will be processed and a decision will be made. Depending on the amount of time it takes for USCIS to process your application, you may receive an approval or denial notice. If approved, your U visa status will be valid for an additional four years.
20. Is there any way to expedite the processing of my application for a U visa?
Unfortunately, no. The processing time for a U visa application can vary significantly, depending on the applicant’s individual circumstances and the workload of the USCIS office. However, there are some steps you can take to help ensure that your application is handled as quickly and efficiently as possible. These include providing all the necessary information and evidence, following up with USCIS regarding the status of your application, and ensuring that your application is complete and accurate.