1. What is a U visa?

A U visa is an immigration status created to protect and provide relief to victims of certain qualifying criminal activity who have suffered substantial mental or physical abuse and are willing to help law enforcement or government officials in the investigation or prosecution of a criminal case. U visas are also available to the qualifying family members of a U visa recipient.

2. What are the requirements for eligibility for a U visa?

In order to be eligible for a U visa, the applicant must meet the following requirements:

1) The applicant must have suffered mental or physical abuse as a result of having been a victim of a qualifying criminal activity.

2) The applicant must possess information about the criminal activity.

3) The applicant must have been helpful, is being helpful, or is likely to be helpful in the investigation or prosecution of the criminal activity.

4) The criminal activity must have violated U.S. laws or occurred in the United States or violated U.S. laws outside of the United States and had an effect in the United States.

5) The applicant must demonstrate that he or she suffered substantial physical or mental abuse as a result of having been a victim of a qualifying criminal activity.

3. How do I apply for a U visa?

To apply for a U visa, you must complete the U Nonimmigrant Status (Form I-918). You also must provide evidence that you meet the eligibility criteria, including proof of “substantial physical or mental abuse” due to criminal activity. Additional documentation may be required depending on the specific circumstances of your case.

4. How long does it take to process a U visa application?

The processing time depends on the USCIS caseload and your particular location. It may take anywhere from several months to several years.

5. What type of relief is provided to U visa holders?

U visa holders are eligible for a variety of forms of relief, including temporary legal status (U nonimmigrant status), work authorization, travel authorization, and protection from removal from the United States. Additionally, some states provide access to public benefits such as driver’s licenses, healthcare, and social services.

6. Do I need to have a criminal background to qualify for a U visa?

No, you do not need to have a criminal background to qualify for a U visa. However, you must demonstrate that you have been the victim of a qualifying criminal activity, and that you have suffered substantial mental or physical abuse as a result of the criminal activity.

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

Yes, there is an age limit to be eligible for a U visa. You must be under 21 years old to be eligible for a U visa.

8. Are there any restrictions on who can apply for a U visa?

Yes. To be eligible for a U visa, the applicant must meet all of the following criteria:

1. Have suffered substantial physical or mental abuse as a result of having been a victim of criminal activity.

2. Possess information about the criminal activity that occurred.

3. Have been, or are currently, helpful to law enforcement or government officials in the investigation or prosecution of the crime.

4. Have not been convicted of a criminal offense in connection with the criminal activity that occurred.

Additionally, U visa applicants must be admissible to the United States and not pose a public safety or national security threat. Depending on the applicant’s home country, there may be additional restrictions for qualifying for a U visa.

9. How long can I stay in the US with a U visa?

You may stay in the U.S. for up to four years on a U visa, with the possibility of obtaining an extension. You may also be eligible to apply for permanent residency after spending three years in the U.S. on a U visa.

10. Can I travel outside of the US while I have a U visa?

It depends on your individual circumstances. Generally, it is best to consult with an experienced immigration attorney before making the decision to travel outside the US while holding a U visa.

11. Are there any benefits available to U visa holders?

Yes, U visa holders may be eligible for a variety of benefits, including work authorization, the ability to obtain permanent resident status, access to certain public benefits (such as health insurance and cash assistance), and protections from deportation. Additionally, some states may offer U visa holders in-state tuition or driver’s licenses.

12. Can I work with a U visa?

Yes, you can work in the United States with a U visa. There are certain requirements that need to be met in order to qualify for a U visa, including being a victim of a qualifying crime and cooperating with law enforcement officials in the investigation or prosecution of the crime. The U visa also requires applicants to have good moral character and is available for a period of up to four years, which can be extended in some cases. With a U visa, you can work in the US legally and may even be eligible for certain benefits like Social Security.

13. Can I apply for permanent residence with a U visa?

No, you cannot apply for permanent residence with a U visa. However, after you have held U nonimmigrant status for 3 years, you may be eligible to apply for a Green Card.

14. Are there any risks associated with applying for a U visa?

Yes, there are a few risks associated with applying for a U visa. Applicants may face possible removal (deportation) if their case is denied, although this is unlikely. Additionally, U visa applicants may be denied entry into the United States if they travel abroad while their application is pending. The application process can also be lengthy and time-consuming, which could delay the visa holder’s ability to work and live in the U.S. Finally, applicants should be aware that U visa grants are subject to annual caps set by Congress, so not everyone who applies will be successful.

15. What documents do I need to provide in order to apply for a U visa?

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

1. A completed and signed Form I-918 (Petition for U Nonimmigrant Status).

2. A valid passport or other travel document.

3. Evidence of your victimization, such as police reports, medical records, and/or evidence of cooperation with law enforcement.

4. Evidence that you meet the U visa requirements, such as proof of continuous presence in the U.S., and evidence of good moral character.

5. Supporting Documentation including affidavits from individuals who have personal knowledge of the facts concerning your victimization, as well as other documents that demonstrate your eligibility for a U visa.

16. Is there an expiration date for my U visa?

Yes. U visas are generally valid for four years, but may be extended under certain circumstances. If the U visa applicant has been a victim of crime and has assisted the authorities in the investigation or prosecution of the crime, the visa can be extended for an additional four years.

17. Where should I go if I have questions about my U visa application or status?

If you have questions about your U visa application or status, the best place to go is to a lawyer or accredited representative who specializes in immigration law. They will be able to answer your questions and provide you with the correct information. Additionally, you can also contact the United States Citizenship and Immigration Services (USCIS) for more information.

18. Can I sponsor family members under a U visa?

Yes, you can sponsor family members under a U visa. Eligible family members include the U visa holder’s spouse, children, parents, and unmarried siblings under the age of 18. A qualified family member may be included in the same application as the U visa holder or may file a separate application.

19. Do I need an attorney to apply for a U visa?

It is not necessary to have an attorney to apply for a U visa, but it is recommended since the process can be complex. An experienced attorney can help you understand the process and make sure your application is properly filled out and your evidence is properly presented.

20. Are there any additional resources available to help me understand my rights as a crime victim?

Yes, there are many additional resources available to help crime victims better understand their rights. The National Center for Victims of Crime offers a Victim Rights Handbook that provides an overview of a crime victim’s rights. Additionally, the U.S. Department of Justice website has an Office for Victims of Crime that offers information on victims’ rights and services available to victims of crime. Furthermore, many states have dedicated victim assistance offices that provide information and support to victims.