1. What is a U visa?

A U visa is a nonimmigrant visa created to allow victims of certain crimes who suffer substantial physical or mental abuse and who are willing to help law enforcement or government officials investigate or prosecute criminal activity, to stay in the United States for up to four years. It may also provide a path to permanent residency and citizenship.

2. Who is eligible for a U visa?

A U visa is available to applicants who have been victims of certain qualifying criminal activities, and who have suffered mental or physical abuse as a result of the crime. The applicant must have helpful information about the criminal activity that they can share with law enforcement, and must be willing to help law enforcement in the investigation or prosecution of the crime. To be eligible, the applicant must have entered the U.S. lawfully or have been present in the U.S. at the time of filing for a U visa.

3. How can a victim of criminal activity apply for a U visa?

A victim of criminal activity can apply for a U visa by submitting Form I-918, Petition for U Nonimmigrant Status, to U.S. Citizenship and Immigration Services (USCIS). Along with the form, applicants must submit supporting documents that prove they are a victim of criminal activity and meet specified eligibility criteria, as well as evidence that they are helpful to law enforcement in the investigation or prosecution of the crime.

4. What are the requirements for U visa eligibility?

In order to be eligible for a U visa, a foreign national must:

1. Have suffered substantial physical or mental abuse as a result of having been a victim of certain qualifying criminal activity in the United States.

2. Have information about the criminal activity.

3. Have been helpful, or is likely to be helpful, to law enforcement in the investigation or prosecution of the criminal activity.

4. Have been physically present in the United States on the date the qualifying criminal activity occurred and any time afterwards when any other act related to the criminal activity happened.

5. Demonstrate that they deserve a favorable exercise of discretion.

5. How long is the U visa valid for?

The U visa is valid for four years and may be extended in certain circumstances.

6. Can I work in the United States while on a U visa?

Yes. The U visa is a non-immigrant visa, meaning that it allows a person to temporarily stay in the United States. As long as you comply with all of the requirements of your U visa, you are allowed to work in the United States while on the visa.

7. Is there an age limit to apply for a U visa?

No, there is no age limit to apply for a U visa. However, applicants must demonstrate that they were victims of qualifying criminal activity and that they have suffered substantial physical or mental abuse as a result of that activity.

8. What documents are required to apply for a U visa?

To apply for a U visa, you will need to provide the following documents:

-A Form I-918, Petition for U Nonimmigrant Status
-Proof of identity and nationality, such as a passport, birth certificate, or naturalization certificate
-Proof that you were the victim of qualifying criminal activity
-Evidence of your helpfulness to law enforcement in the investigation or prosecution of the qualifying criminal activity
-A certification from a qualified certifying agency that you meet all eligibility requirements for a U visa
-A personal statement detailing how you were a victim of a qualifying criminal activity and how it has affected your life
-Two passport-style photographs

9. Is there an application fee for a U visa?

Yes, there is an application fee for a U visa. This fee is currently set at $930 and is subject to change.

10. What is the difference between a U visa and an asylum application?

A U visa is a nonimmigrant visa that provides temporary legal status and a four-year work permit to certain victims of crimes that were committed in the U.S. To qualify, victims must have suffered serious harm, be able to assist in the investigation or prosecution of the criminal activity, and have information about the criminal activity.

An asylum application is an application for protection under U.S. immigration law. To qualify for asylum, applicants must prove that they have a well-founded fear of persecution in their home country based on their race, religion, nationality, political opinion, or membership in a particular social group. If approved, applicants will be granted permission to remain in the U.S. and eventually be eligible for permanent residency.

11. Are there any special considerations for victims of human trafficking when applying for a U visa?

Victims of human trafficking may have challenges when applying for a U visa due to cultural, linguistic, and social barriers. However, there are special considerations for human trafficking victims when applying for a U visa. These special considerations include an extended filing period for victims who are under the age of 18 at the time of the application, a waiver of the filing and biometric fees, and expedited processing for cases involving human trafficking.

12. Does a U visa provide permanent residency in the United States?

No, a U visa does not provide permanent residency in the United States. It provides temporary legal status and a pathway to lawful permanent residence for eligible immigrants who are victims of certain crimes and meet other eligibility requirements.

13. Can I travel outside the United States while on a U visa?

Yes, you may be able to travel outside of the United States while on a U visa. However, you must obtain advance parole from USCIS before traveling outside the US. If you leave the US without advance parole, you may be unable to re-enter the US and your U visa application may be denied.

14. Are family members eligible to receive a U visa based on my status as a qualifying crime victim?

No. Only the qualifying crime victim is eligible to receive a U visa.

15. Can I adjust my status in the United States if I am granted a U visa?

Yes, you may be eligible to adjust your status in the United States if you are granted a U visa. This is done through filing a Form I-485, Application to Register Permanent Residence or Adjust Status. In order to be eligible, you must meet certain requirements. Additionally, having a U visa does not guarantee that your adjustment of status will be approved.

16. How will my information remain confidential if I apply for a U Visa?

Your information will remain confidential if you apply for a U Visa. The United States Citizenship and Immigration Services (USCIS) will not disclose your information to other agencies or to the public, unless required by law. USCIS may only release personal information to an employer if the employer has been granted permission by USCIS or if it is necessary for an immigration process. Additionally, USCIS stores information collected during the U Visa process in a secure system and will not disclose your information to anyone other than those authorized to access the data.

17. How long does it take to get approved for the U Visa?

The entire process can take up to at least 2 years. The U Visa application can take up to 2 years to be approved or denied. Once the U Visa is approved, the applicant may be eligible to apply for a green card after 3 years.

18. If my application is denied, can I reapply for a U Visa?

Yes, you can reapply for a U visa if your application is denied. However, if the reason for the denial was due to a technical issue such as an incomplete form or missing documents, you should address those issues in your reapplication. If the reason for denial was due to a lack of sufficient evidence to demonstrate eligibility, then you should collect additional evidence and include it with your reapplication.

19. What happens after obtaining a U Visa?

After obtaining a U Visa, the individual may be eligible to apply for a green card after being present in the United States for three years. The individual may also be eligible to apply for permanent residency after meeting certain requirements. Additionally, the individual is eligible to apply for work authorization and may be able to apply for certain public benefits.

20. What happens if I violate the conditions of my U Visa status?

If you violate the conditions of your U Visa status, you may be subject to removal, or deportation, proceedings. Additionally, you may have to wait longer to become a permanent resident.