1. What is a U Visa?
A U Visa is a non-immigrant visa that is available to victims of certain 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. The U Visa was created in 2000 by Congress to improve the ability of law enforcement agencies to investigate and prosecute cases involving victims of specific crimes who are undocumented immigrants. The visa provides the holder with protection from deportation while they cooperate with law enforcement, and a path to eventual permanent residence in the United States. The visa is also available to immediate family members of the primary visa holder, including spouses and children.
2. Who is eligible for a U Visa?
A U Visa is a temporary visa available to victims of certain criminal activity who have suffered mental or physical abuse and are helpful to law enforcement or other government officials in the investigation or prosecution of criminal activity. In order to qualify, an individual must be able to demonstrate that he or she: (1) has been a victim of qualifying criminal activity; (2) has suffered substantial physical or mental abuse as a result of having been a victim of criminal activity; (3) possesses information about the criminal activity; (4) has been helpful, is being helpful, or is likely to be helpful to law enforcement or government officials in the investigation or prosecution of the criminal activity; and (5) the criminal activity violated U.S. laws. In addition, an individual must also meet certain other requirements, such as continual presence in the U.S. since the time of the crime and good moral character.
3. What documents are required for a U Visa application?
In order to apply for a U Visa, applicants will need to provide the following documents:
1. Form I-918, Petition for U Nonimmigrant Status
2. Form I-918, Supplement A, Victim of Crime Statement
3. Form I-192, Waiver of Inadmissibility
4. Form I-765, Application for Employment Authorization
5. Evidence of Law Enforcement Certification (Form I-918, Part B)
6. Evidence of Physical and/or Mental Abuse or Abduction (Form I-918, Part C)
7. Evidence of Good Moral Character (Form I-918, Part D)
8. Two passport-style photos
9. Copy of valid passport page with photo ID or other government issued photo ID
10. Evidence of trauma counseling or psychological treatment
11. Birth Certificate or other proof of age
12. Evidence of Transfer of Knowledge (Form I-918, Part E)
13. Evidence of humanitarian concern (Form I-918, Part F)
4. Are there any criminal background requirements for obtaining a U Visa?
Yes, there are certain criminal background requirements for obtaining a U Visa. Applicants must not have been convicted of any crime that would make them ineligible for relief under U.S. immigration laws, and they must not pose a risk to national security or public safety.
5. What type of crime qualifies me for a U Visa?
A U Visa is available to individuals who have been the victim of certain qualifying criminal activities. These activities include, but are not limited to: rape, torture, trafficking, incest, domestic violence, sexual assault, abusive sexual contact, prostitution, sexual exploitation, female genital mutilation, being held hostage, peonage, involuntary servitude, slave trade, kidnapping, false imprisonment, blackmail, extortion, manslaughter, murder, felonious assault, witness tampering, and obstruction of justice.
6. How long does it take to receive a U Visa?
It typically takes around 8 months to receive a U Visa, although this timeline can vary depending on the location of the application and the demand for U Visas.
7. How long is a U Visa valid for?
A U Visa is valid for four years. After four years, the holder can apply to extend the visa for another four years.
8. What are the benefits of applying for a U Visa?
The benefits of applying for a U Visa include the ability to legally work in the US, obtain travel authorization, seek protection under US law from abuse and exploitation, become eligible for certain types of public benefits, and eventually apply for lawful permanent residence (green card).
9. What are the penalties associated with an unauthorized stay in the US with a U visa?
The penalties associated with an unauthorized stay in the US with a U visa can include fines, deportation, or both. Depending on the circumstances of the stay, a person may also have to forfeit their visa and will not be allowed to re-enter the US for a period of time. In some cases, individuals may face criminal penalties if they are caught engaging in activities that violate US immigration laws.
10. Are there any restrictions or limitations imposed on U Visas holders?
Yes, U Visa holders are subject to certain restrictions and limitations. U Visa holders are not allowed to work outside of the United States, and they must maintain their immigration status in order to remain eligible for the visa. They must also be willing to cooperate with law enforcement in the investigation and/or prosecution of a crime. Additionally, U Visas can only be granted for up to four years at a time and may be subject to annual renewal. Finally, if the U Visa holder leaves the United States for more than 90 days, the visa will be canceled.
11. Are there any special requirements for victims of domestic violence to qualify for a U visa?
Yes. In order to qualify for a U visa, victims of domestic violence must have suffered substantial physical or mental abuse due to the battery or extreme cruelty of their abuser, and must have information regarding the abuse that is helpful to the investigation or prosecution of the crime. Additionally, victims of domestic violence must demonstrate that they are a victim of a qualifying criminal activity, that they have suffered substantial physical or mental abuse as a result of the criminal activity, and that they possess information about the criminal activity, which is helpful and relevant to the investigation or prosecution of the crime.
12. How do I apply for a work permit with my U Visa?
You must first apply for a U Visa and have it approved. Once you have your U Visa, you can file a Form I-765, Application for Employment Authorization, to request an employment authorization document that will allow you to work in the United States. You will also need to provide documentation such as proof of your identity and evidence of your eligibility for work authorization.
13. Will I be able to travel outside of the United States with a U Visa?
Yes, you may be able to travel outside the United States with a U Visa. However, you will need to obtain advance parole before you can reenter the United States. Advance parole allows you to travel outside the United States and then return legally. Additionally, you must have a valid U Visa in order to be eligible for advance parole.
14. What happens if my application for a U visa is denied?
If your application for a U visa is denied, you may have the opportunity to appeal the decision. Depending on the specific circumstances of your case, you may be able to file a motion to reopen or reconsider the decision, or you may file a motion to reconsider and/or reopen with the Board of Immigration Appeals (BIA). You may also be able to file a petition for review in federal court. You should consult an experienced immigration attorney to discuss your options.
15. Are there any additional fees associated with obtaining a U Visa?
Yes. There may be additional fees associated with obtaining a U Visa, such as filing fees for the petition, cost of travel to appear in court, costs associated with submitting the required documents for the application, and any additional legal fees.
16. Can I apply for permanent residency after receiving a U Visa?
Yes, you can apply for permanent residency after receiving a U Visa if you have been granted U nonimmigrant status in the United States for a period of at least three consecutive years. To be eligible for a Green Card, you must meet all the requirements for lawful permanent residence.
17. Are there any specific rights or protections that victims of serious crimes have when applying for a U Visa?
Yes, those who may qualify for a U Visa include victims of certain serious crimes who have suffered mental or physical abuse and are willing to assist law enforcement authorities in the investigation or prosecution of the criminal activity. Those who are granted U visas are eligible for certain benefits including work authorization, protection from deportation, and the ability to apply for a green card after three years. Additionally, U visa applicants may be eligible for certain legal protections such as deferred action, a form of prosecutorial discretion, and access to certain public benefits.
18. Is there any legal representation available to assist me in applying for a U Visa?
Yes, many immigration attorneys are available to help individuals apply for a U Visa. Additionally, a number of organizations provide free or low-cost legal services to those seeking to apply for a U Visa. You can search for free or low-cost legal services in your area at www.justice.gov/findlegalhelp.
19. Does the US government limit the number of U Visas issued each year?
Yes, the US government limits the number of U Visas issued each year. Currently, the annual numerical limitation on U Visas is 10,000.
20. Can I receive public benefits if I am granted a U visa?
Yes. You may receive certain public benefits while you are in U visa status, including Medicaid, food stamps, and other government-funded programs. However, you must meet the eligibility requirements of the specific program in order to receive benefits from it.