U.S. Work Visa for Crime Victims (U Visa)

1. Who is eligible for a U Visa?


A U Visa is available to individuals who have been victims of certain qualifying crimes and suffered significant mental or physical abuse as a result. To be eligible, the applicant must have information about the crime and be willing to help with the investigation or prosecution of the perpetrator. Generally, this includes victims of domestic violence, human trafficking, certain violent crimes, and other serious crimes.

2. What is the application process for a U Visa?


The application process for a U visa involves submitting Form I-918, Petition for U Nonimmigrant Status, and its associated supplements. This form includes information about the applicant’s background and how he or she has been a victim of a qualifying crime listed in the Immigration and Nationality Act (INA). If the applicant is under 21 years of age, Form I-918B, Petition for U Nonimmigrant Status on Behalf of a Child Under 21 Years of Age, must be completed and submitted with the petition.

The applicant must also submit Form I-918, Supplement B, Declaration of Law Enforcement or Other Government Official, signed by a qualifying law enforcement agency or other government agency confirming that the applicant has been helpful in the investigation or prosecution of a qualifying criminal activity.

After submitting these forms, applicants must wait for USCIS to review their case and decide whether they are eligible for a U visa. Applicants may be asked to attend an interview to discuss their application further. If approved, applicants will receive a U visa stamp in their passport.

3. What evidence do I need to provide to demonstrate that I am a victim of a qualifying crime?


The evidence needed to demonstrate that you are a victim of a qualifying crime will vary depending on the type of crime. Generally, you may be asked to provide official documents such as a police report or court records, medical records, and any other records or documentation that can help prove that you were a victim of a qualifying crime.

4. What should I do if I have been denied U Visa status?


If you have been denied U Visa status, you should contact a qualified immigration attorney or accredited representative to discuss the decision and determine if you are eligible to file an appeal or request for reconsideration. An experienced immigration attorney can help you understand the process and determine the best options available to you. Additionally, they can provide assistance in preparing a request for reconsideration or appeal to the Board of Immigration Appeals (BIA).

5. How long does it take to receive a U Visa?


It typically takes six to nine months for USCIS to adjudicate a U Visa application. However, the processing time can vary depending on the workload and backlog at the USCIS office where the application is being filed.

6. How long can I stay in the United States with a U Visa?


Generally, a U visa allows the visa holder to remain in the United States for up to four years. However, the visa can be extended in certain circumstances, such as if the visa holder is found to have experienced extraordinary circumstances or made significant progress in a criminal investigation or prosecution.

7. Can I bring family members with me on a U Visa?


Yes, family members can be included in your U Visa application. Your family members must meet certain criteria and must be included in your application. This includes any children under the age of 21 who are unmarried and any spouse who meet the qualifying criteria.

8. Are there any restrictions on employment for U Visa holders?


U visa holders are generally eligible to work in the United States without restrictions. However, they must apply for an Employment Authorization Document (EAD) from the U.S. Citizenship and Immigration Services (USCIS) before they can start working in the country. The EAD is typically valid for up to 4 years and can be renewed multiple times. Additionally, U visa holders must maintain their nonimmigrant status and fulfill all other visa requirements.

9. Can I travel outside the United States while my U Visa is valid?


Yes, you can travel outside the United States while your U visa is valid. However, it is important to be aware that you must always have a valid U visa in order to be eligible for re-entry into the United States. It is also important to note that your U visa status does not guarantee re-entry into the United States. You must also obtain advance parole from USCIS prior to traveling abroad or apply for a returning resident visa if you plan on being outside the United States for more than 6 months.

10. Does having a U Visa guarantee permanent residence in the U.S.?


No, having a U Visa does not guarantee permanent residence in the U.S. After three years of holding a U Visa, the holder may be eligible to apply for lawful permanent residence in the U.S., but there is no guarantee that they will be granted it. Eligibility for a U Visa does not guarantee eligibility for a green card.

11. What happens if my U Visa application is approved, but I am not able to travel to the United States before it expires?


If your U Visa application is approved but you are not able to travel to the United States before it expires, you may be eligible to apply for a renewal of the visa. You should contact the US Citizenship and Immigration Services (USCIS) office that approved your visa to inquire about your eligibility for a renewal.

12. Can I renew my U Visa after it has expired?


Yes, you can renew your U visa after it has expired, provided that the renewal is done within the allotted timeframe as specified by the USCIS. You will need to submit the appropriate forms and documentation to support your renewal request. Additionally, you will need to provide evidence that you have maintained your temporary status in the United States and remain eligible for U visa status.

13. What is the difference between the U Visa and other visa categories like an H-1B or L-1 visa?


The U Visa is a nonimmigrant visa option for victims of certain serious 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 allows victims of certain serious crimes to remain in the United States for up to four years and apply for a green card. In contrast, H-1B and L-1 visas are temporary work visas that allow foreign workers with specialized skills to work in the United States for up to six years. Unlike the U Visa, H-1B and L-1 visas do not provide a pathway for permanent residency.

14. Are there any restrictions on who can apply for a U Visa?


Yes, there are several restrictions on who can apply for a U Visa, including:

• You must be the victim of a qualifying crime.
• You must have suffered substantial physical or mental abuse as a result of the crime.
• You must have information about the crime.
• You must have been helpful, be helpful, or likely to be helpful to law enforcement in the investigation or prosecution of the criminal activity.
• You must be admissible to the United States.

15. Are there any fees associated with applying for or obtaining a U Visa?


Yes, there are fees associated with applying for and obtaining a U Visa. The filing fee is $930 for a U Visa application. There may also be additional fees if the applicant needs to attend an interview or attend the USCIS office for fingerprinting. Additionally, applicants may be responsible for paying the fees associated with obtaining supporting documents or any court fees related to their immigration case.

16. Are there any benefits available to victims of crime who obtain a U Visa?


Yes. Victims of crime who obtain a U Visa may be eligible for various forms of immigration benefits. These benefits include: eligibility to work in the US; eligibility for certain public benefits; access to legal services; access to medical and mental health treatment, including therapy; and the possibility of obtaining lawful permanent resident status after three years.

17. Does having a U Visa impact my ability to become a US citizen?


No, having a U Visa does not impact your ability to become a US citizen. However, it is important to note that having any nonimmigrant visa may make it more difficult to acquire citizenship. In general, having a U Visa can be beneficial in that it provides you with permission to remain in the U.S. lawfully and gives you protection from deportation. In some cases, it may even make it easier to obtain permanent residence in the future.

18. What should I do if my application for a U Visa is denied or revoked?


If your application for a U Visa is denied or revoked, you may appeal the decision. If you wish to appeal, you should consult with an experienced immigration attorney who can advise you on the best course of action. Additionally, the U.S. Citizenship and Immigration Services (USCIS) provides information on appealing a denied or revoked U Visa application.

19. Are there any resources available to help me with my U Visa application process?


Yes. Many organizations offer free or low-cost legal assistance with U visa applications. A list of resources can be found on the Department of Justice’s website. Additionally, Immigration Equality and the American Immigration Council are two organizations that provide free legal assistance to immigrants seeking U visas.

20. What can I do if I am the victim of crime while in the United States and want to obtain a U Visa?


If you are a victim of certain crimes in the United States, you may be eligible for a U visa, which provides temporary immigration status and work authorization to victims. To apply for a U visa, you must first obtain a certification from a law enforcement agency or prosecutors office certifying that you have been helpful in the investigation or prosecution of the crime. You will then need to file Form I-918, Application for U Nonimmigrant Status with the United States Citizenship and Immigration Services (USCIS). For more information, please visit the USCIS website.