Visa Options for Victims of Crimes (U Visa)

1. What is a U Visa?


A U Visa is a type of nonimmigrant visa for victims of certain crimes who have suffered mental or physical abuse and are willing to assist law enforcement or government officials in the investigation or prosecution of the criminal activity. The U Visa was created by the Victims of Trafficking and Violence Protection Act of 2000 and provides an avenue for noncitizens who have been victims of crime and are willing to assist law enforcement in the investigation or prosecution to remain in the US and potentially obtain legal permanent residence.

2. Who is eligible for a U Visa?


To be eligible for a U visa, an individual must meet four conditions. These include:

1) They must have been the victim of a qualifying crime, as defined under immigration law.

2) They must have suffered substantial physical or mental abuse as a result of the crime.

3) They must have information concerning that crime.

4) They must have been helpful or be willing to help in the investigation or prosecution of the crime.

3. How do I apply for a U Visa?


In order to apply for a U visa, you will need to submit a completed Form I-918, Petition for U Nonimmigrant Status. Supporting evidence such as proof that you meet the qualifications for the U visa, proof of your relationship to the victim of the qualifying criminal activity, and other relevant documentation must also be submitted. After submitting the application, you will need to undergo an interview with USCIS. If approved, you will be granted a four-year period of deferred action and will be allowed to apply for work authorization.

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


The U Visa application process can take between 6 months and 3 years to process, depending on the specific case. The USCIS (U.S. Citizenship and Immigration Services) makes every effort to process U Visa applications in a timely manner, but it can often take up to a year or longer for a decision to be made.

5. What evidence do I need to provide when applying for a U Visa?


When applying for a U Visa, you will need to provide evidence that you were the victim of a qualifying crime and suffered substantial physical or mental abuse as a result. This evidence can include police or court records, medical records, affidavits from witnesses, and other evidence or documentation that shows you were the victim of a qualifying crime.

6. What are the benefits of having a U Visa?


Some of the benefits of having a U Visa include:

1. The right to remain in the United States for up to four years with work authorization.

2. Eligibility to apply for a green card after three years of continuous physical presence in the United States.

3. Access to federal and state public benefits such as healthcare, nutrition assistance, and cash assistance programs.

4. Access to employment-based lawful permanent residence, including through adjustment of status or through employment-based immigrant visa processing.

5. Eligibility for certain victims of crime for a VAWA self-petition and access to the Violence Against Women Act’s (VAWA) special protections.

6. Access to certain protections against removal from the United States.

7. How long is the U Visa valid for?


The U visa is valid for four years. After the four year period, the foreign national may apply for a green card if they meet the eligibility requirements.

8. Can I bring my family members with me if I have a U Visa?


Yes, family members may travel with you to the United States if you have a U Visa. The family members must apply for their own visa and must be able to prove they have a valid relationship to the applicant.

9. How can I renew or extend my U Visa?


You may renew or extend your U Visa status if you continue to demonstrate that you meet the U Visa criteria and, for extensions, if you can demonstrate ongoing cooperation with law enforcement. If you are applying to extend your U Visa status, please refer to Form I-797C, Notice of Action, to determine when your current period of stay expires.

10. Do I need to be in the US to apply for a U Visa?


No. You can apply for a U Visa regardless of your country of residence or nationality. If you are outside the US, you will need to contact the US embassy or consulate nearest you to learn about the process for submitting your application.

11. What type of crimes are eligible for the U Visa program?


The U Visa program is available to foreign victims of certain qualifying criminal activities, including: rape and/or sexual assault; abduction; domestic violence; torture; trafficking; involuntary servitude; false imprisonment; blackmail; and other related crimes.

12. Will I be able to work in the US with a U Visa?


Yes, those with a U visa can work in the US. There are certain requirements you must meet in order to do so, such as having the visa for at least one year, obtaining permission from the Department of Homeland Security, and obtaining an employment authorization document.

13. Are there any limitations on the type of work I can do if I have a U Visa?


If you have a U visa, you can generally work in any lawful occupation as long as it is not illegal or against public morals. Unless you are authorized to work in the US through another legal status, you must obtain an Employment Authorization Document (EAD) from the USCIS before you can begin working.

14. Can I travel outside the US while on a U Visa?


Yes, you may travel outside of the U.S. while on a U visa, but it is important to work with an immigration attorney or authorized representative to ensure that your travel does not jeopardize your U visa status.

15. Do I need a waiver to travel outside the US while on a U Visa?


Yes, you will likely need a waiver to travel outside the US while on a U Visa. The Department of State requires that you apply for a nonimmigrant waiver before you travel outside of the US. You should contact an immigration attorney to find out more information about the waiver process.

16. Can I apply for lawful permanent residence (green card) if I have a U Visa?


Yes, if you have a U visa, you may be eligible to apply for lawful permanent residence (green card). To be eligible to adjust status to permanent residence, you must meet the following requirements:

• Have been physically present in the U.S. for at least 3 years since being granted the U visa
• Have not unreasonably refused to provide assistance to law enforcement since receiving your U visa
• Have not committed any crimes that would make you ineligible for the green card
• Have not abandoned your residence in the U.S.
• Have not otherwise violated the terms of your nonimmigrant status
• Meet all other requirements for adjustment of status, including passing a medical exam and security checks

17. How long do I have to wait to apply for lawful permanent residence after receiving my U Visa?


You can apply for lawful permanent residence (green card) four years after receiving your U visa.

18. What are the pros and cons of having a U Visa compared to other visa options?


Pros:
-The U Visa is specifically for victims of certain serious crimes that have been harmed and are willing to help law enforcement investigate. It is designed to protect those who are particularly vulnerable and have been victimized.
-The U Visa allows its holders to remain in the United States for up to four years, and allows them to apply for work authorization if they choose.
-Holders of a U Visa may eventually be eligible for legal permanent resident status.

Cons:
-U Visas can take longer than other visas to obtain, as the process requires a lengthy application form, a detailed affidavit, proof of the crime, and a certification from a law enforcement agency that the individual is assisting in the investigation or prosecution of the crime.
-Due to the high demand for U Visas, there is a yearly cap on the number of applicants approved. This means that even if an individual is eligible for one, they may not be able to receive it due to the limited number of available visas.
-U Visas can be complicated and difficult to navigate on one’s own, which means that obtaining legal assistance may be necessary.

19. Is there anything else I should know about the U Visa process before applying?


The U Visa process can be lengthy and complex. It is important to have all of the required information and documentation ready to submit to USCIS when filing the application. Additionally, it is important to keep in mind that each case is unique and the timelines for approval may vary. Finally, it is important to consider consulting with an experienced immigration attorney who can advise you on the best course of action for your case.

20. Where can I find more information about the U Visa application process and requirements?


The U.S. Citizenship and Immigration Services (USCIS) website is an excellent resource for more information about the U Visa application process and requirements. Visit the USCIS website at www.uscis.gov/green-card/u-visas to find detailed information about the U Visa process, eligibility requirements, and more. You can also find additional resources, such as contact information for the USCIS National Customer Service Center, and other helpful organizations.