1. What is a U visa?

A U visa is a nonimmigrant visa available to victims of certain qualifying 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 was created in 2000 by the Victims of Trafficking and Violence Protection Act, and it provides lawful immigration status and work authorization to its recipients. It is intended to encourage victims of crime to come forward and report the crime without fear of deportation.

2. Who is eligible for a U visa?

U visas are available to those who have suffered substantial physical or mental abuse as a result of having been a victim of certain criminal activities. To be eligible, the victim must have information concerning the criminal activity, must have been helpful, is likely to be helpful, or must have been harmed as a result of the criminal activity. Additionally, the criminal activity must have violated U.S. laws or must have occurred in the U.S., and the victim must possess a valid nonimmigrant status.

3. How do I apply for a U visa?

In order to apply for a U visa, you must first obtain a certification from a government agency or law enforcement agency verifying that you were either a victim of or helpful in the investigation of a qualifying criminal activity. Then, you must submit Form I-918, Petition for U Nonimmigrant Status, to U.S. Citizenship and Immigration Services (USCIS), along with supporting documentation and any applicable fees.

4. What forms are required to apply for a U visa?

To apply for a U visa, the applicant must submit Form I-918, Petition for U Nonimmigrant Status, to U.S. Citizenship and Immigration Services (USCIS). The application should include the Form I-918 Supplement B, U Nonimmigrant Status Certification, and Form I-918 Supplement C, VAWA Self-Petitioner Certification. In addition, the applicant may need to submit other forms such as Form I-192, Application for Advance Permission to Enter as a Nonimmigrant, or Form I-765, Application for Employment Authorization. The applicant must also provide evidence of eligibility for a U visa, such as evidence that he/she has been the victim of qualifying criminal activity, proof of helpfulness to law enforcement in the investigation or prosecution of the criminal activity, and evidence of good moral character.

5. What evidence must I provide to be eligible for a U visa?

If you are applying for a U visa, you must provide evidence that:
-You have suffered substantial physical or mental abuse as a result of having been a victim of a qualifying criminal activity
-You have information concerning that criminal activity
-You have been helpful, are being helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime
-The crime occurred in the United States or violated U.S. law
-You are admissible to the United States or, if not admissible, you have obtained a waiver of inadmissibility or other form of relief from removal

6. Does having a criminal record disqualify me from obtaining a U visa?

No, having a criminal record does not necessarily disqualify someone from obtaining a U visa. However, it is important to note that some criminal convictions could potentially make an individual ineligible for a U visa, depending on the type and severity of the crime. Additionally, even if an individual has a criminal record, they may still be eligible to receive the U visa if they can demonstrate that they have been helpful in the investigation or prosecution of certain criminal activities. USCIS will consider the details of the conviction in determining eligibility for a U visa.

7. How long does it take to get a U visa?

The processing time for U visas typically ranges from six to nine months. However, it can take up to two years for the USCIS to adjudicate a U visa application. Additionally, due to the high levels of applications and the backlogs, the wait times for a U visa decision may be even longer.

8. Can I travel outside the United States while my U visa application is pending?

No. If you travel outside the United States while your U visa application is pending, it could be considered abandonment of your application and you may not be allowed to re-enter the United States. This is why it is important to speak with an experienced attorney before making any travel plans.

9. What rights do I have if I am granted a U visa?

If you are granted a U visa, you will have the following rights:
* The right to work legally in the United States for up to four years;
* The right to travel in and out of the United States (although U visa holders must apply for advance parole before leaving the country);
* The right to apply for lawful permanent resident status after three years; and
* The right to access certain crime victim benefits, such as compensation for medical bills, lost wages, counseling services, and relocation expenses.

10. Are there any benefits or protections associated with having a U visa?

Some of the benefits and protections associated with having a U visa are:

1. Work Authorization: U-Visa holders are eligible to apply for work authorization and can work legally in the United States.

2. Protection from Deportation: U-Visa holders have protection from deportation, as long as they remain eligible for the program.

3. U-Visa holders can apply for a green card after three years of continuous physical presence in the United States.

4. Derivative Benefits: Spouses and children of U-visa holders may also be eligible to obtain a U-visa and receive the same benefits as the primary applicant.

5. Access to Federal Benefits: U-Visa holders are eligible to apply for certain federal benefits, such as Medicaid and Social Security.

11. Can I bring family members with me if I am granted a U visa?

Yes, the U visa allows derivative family members to immigrate with the principal applicant, including the principal’s parents, children, or spouse. However, only immediate family members are eligible for derivative status and must qualify as an eligible family member.

12. What is the process for obtaining a Green Card after being granted a U visa?

The process for obtaining a Green Card after being granted a U visa is as follows:

1. After the U visa is approved, the applicant will receive a letter from USCIS confirming the approval.

2. The applicant then needs to wait for their Priority Date, which is the day that they become eligible to apply for a Green Card.

3. The applicant must then file Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS to obtain their Green Card.

4. The applicant will need to provide supporting documents such as proof of identity, proof of lawful admission to the United States, and proof that they have not committed any crimes or violated immigration laws.

5. Once the application is approved, the applicant will receive their Green Card in the mail.

13. How long can I stay in the United States with a U visa?

A U visa holder can stay in the United States for up to four years, but may be eligible to apply for permanent residence after three years.

14. Is there an age limit for applying for a U visa?

Yes. To apply for a U visa, you must be under 21 years of age, or have been under 21 at the time of the qualifying crime that makes you eligible.

15. Can I receive financial assistance while in the United States on a U visa?

No, U visas are not eligible for any federal public benefits, such as cash assistance, food stamps, or Medicaid. However, some states may provide certain benefits to U visa holders, so you should contact your local Department of Social Services or Temporary Assistance Office for more information.

16. Will my U visa application be denied if I cannot prove I was the victim of a crime?

No. U visa applications are not automatically denied if a person cannot prove they were the victim of a crime. There are other requirements that must be met in order for an application to be approved, such as cooperation with law enforcement and the approval of a certifying agency.

17. Can I apply for a work permit while my U visa application is being processed?

Yes. You can apply for a work permit (Form I-765) while your U visa application is being processed. However, approval of your work permit application is not guaranteed.

18. Will my criminal record be taken into account when considering my U visa application?

Yes, your criminal record will be taken into account when considering your U visa application. The USCIS will review the criminal record and consider any convictions or pending charges in determining whether you are eligible for the U visa. The USCIS may also consider any history of violence or prior removal proceedings as well as other factors that might make you ineligible for the U visa.

19. Are there any other types of visas available to victims of crime in the United States?

Yes, there are other types of visas available to victims of crime in the United States. These include the U-Visa, T-Visa, and VAWA Status. The U-Visa is for victims of certain serious crimes who have suffered substantial physical or mental abuse and who are willing to assist law enforcement in the investigation or prosecution of the crime. The T-Visa is for victims of human trafficking who have suffered severe forms of trafficking and are willing to assist law enforcement in the investigation or prosecution of trafficking crimes. Lastly, VAWA Status is for victims of domestic violence, stalking, and other crimes who have suffered substantial physical or mental abuse and who are willing to help law enforcement bring their abuser to justice.

20. Is there an appeals process if my U visa application is denied or revoked?

Yes, there is an appeals process if your U visa application is denied or revoked. If your application is denied, you or your representative may file a motion to reconsider the decision with the U.S. Citizenship and Immigration Services (USCIS). If the motion is denied, you may then file an appeal to the Board of Immigration Appeals (BIA). If your application is revoked, you may submit a motion to reopen or reconsider the decision with USCIS, or you may appeal to the BIA.