U Visas Protect Victims of Crime in the US

This article provides a detailed overview of the U visa process, eligibility criteria, and application procedures.

What Is a U Visa?

The U nonimmigrant visa serves as a beacon of hope to victims of qualifying criminal activities. Established by the U.S. Congress in 2000 under the Victims of Trafficking and Violence Protection Act, this visa category gives critical support to noncitizens suffering physical or mental abuse.

U nonimmigrant status is for non-U.S. citizens who have been victims of serious crimes in the United States. This federal law aims to boost the ability of law enforcement officials to investigate and prosecute cases of:

• Domestic violence
• Sexual assault
• Other related crimes committed against foreign nationals

A U visa also aims to protect the victims of these criminal activities who suffer substantial physical and mental abuse from helping authorities in prosecuting these criminal acts.

What Are the Benefits of a U Visa?

With U visas, eligible victims are temporarily granted legal status in the United States for up to four years. During this time, the victims can stay in the country without fear of deportation or removal. Eligible victims can petition their immediate family members to come to the U.S. through a derivative U visa petition. Principal holders of U visas and derivative family members can rebuild their lives in the U.S., allowing them to stay and work here.

The U visa also allows noncitizens to apply for a green card. After three years of continuous residency, a U visa holder can become a lawful permanent resident and request to bring qualified family members into the United States.

What Are the Requirements for a U Visa?

To be eligible for a U visa, you should meet specific criteria:

1. You were a victim of qualifying criminal activities.
2. You were a victim of physical or mental abuse during criminal activities.
3. You hold information that is helpful in prosecuting the crime. If you are under 16 or disabled and cannot disclose, a parent, guardian, or representative can provide this information.
4. You must have been, are currently, or are likely to help prosecute the criminal activity.
5. The criminal activities should have happened within the U.S. or its territories, or they violate U.S. laws.
6. It would help if you were admissible in the U.S. under current immigration laws.

If you are inadmissible, you may apply for an Application for Advance Permission to Enter as a Nonimmigrant (Form I-192).

What Are the Qualifying Criminal Activities?

Qualifying criminal activities for a U visa covers many serious offenses. The following is a list of "qualifying crimes" as provided by the U.S. Citizenship and Immigration Services (USCIS):

• Abduction
• Abusive sexual contact
• Blackmail
• Domestic violence
• Extortion
• False imprisonment
• Female genital mutilation
• Felonious assault
• Fraud in foreign labor contracting
• Hostage
• Incest
• Involuntary servitude
• Kidnapping
• Manslaughter
• Murder
• Obstruction of justice
• Peonage
• Perjury
• Prostitution
• Rape
• Sexual assault
• Sexual exploitation
• Slave trade
• Stalking
• Torture
• Trafficking
• Witness tampering
• Unlawful criminal restraint
• Other related crimes

This list also includes related crimes and similar activities, such as attempts, conspiracy, or solicitation to commit the abovementioned crimes.

How Does the U Visa Process Work?

Applying for a U nonimmigrant visa involves a series of processes.

Submit U Visa Application

The first step is submitting Form I-918 or the Petition for U Nonimmigrant Status. You should submit Form I-918 along with Form I-918, Supplement B. An authorized law enforcement officer should sign Supplement B, attesting to your help in the crime's investigation or prosecution.

Request Permission to Enter the Country

If you have issues with your admissibility into the U.S., you may need to file an Application for Advance Permission to Enter as a Nonimmigrant (Form I-192). This application will form as a waiver of your inadmissibility to enter the country. You should also include a statement describing the criminal activity you became a victim of. It is also best to provide evidence to support your eligibility requirements and that you have been a victim of a crime.

For U visa applicants outside of the U.S., the process starts with filing forms with the Vermont Service Center. The service center will give you instructions to follow based on your set of applications and forms.

File Your U Visa Forms

Now, you go to the nearest U.S. embassy or consulate. An immigration official takes your fingerprints. You get instructions about your visa interview with a consular officer.

What is the U Visa Application Fee?

U nonimmigrant visa applications are free of charge. But, other forms that may be necessary or included in your application may need a fee. In these cases, you may request a fee waiver for other application forms needed for your U visa application. You may file a Request for Fee Waiver (Form I-912) or include a written request for waiver of fees in your visa application.

Can Family Members of U Visa Applicants also Apply for a U Visa?

Yes. Certain family members of the principal U visa applicant may apply for a derivative U visa. Their eligibility for a U visa petition depends on the family member's relationship with the principal petitioner. Note that if you are the principal petitioner, you should have your U visa approved before petitioning your family members for a U visa.

If you are the principal petitioner under 21 years of age, you may petition your:

• Children
• Parents
• Spouse
• Unmarried siblings under 18 parents

If you are the principal applicant and are 21 or older, you may petition on behalf of your:

• Children
• Spouse

To apply for a U visa for qualified family members, the principal applicant should file Supplement A, Petition for Qualifying Family Member. The supplement may be filed together with your U visa application or at a later time.

Can I Work in the U.S. with a U Visa?

Yes. Principal holders of U nonimmigrant visas receive employment authorization after approval of their U visa status. The employment authorization is automatically given after approval of the U visa application, without the need to file an Application for Employment Authorization (Form I-765)

Derivative family members do not automatically get employment authorization. So, family members of the U visa applicants must file Form I-765 to get employment authorization documents.

It is important to remember that principal holders of a U visa may only receive automatic employment authorization after U visa application approval. For those on the waiting list, the principal petitioner and derivative family members may still get employment authorization by filing Form I-765.

U Visa Cap

There is an annual cap of 10,000 U visas available for principal U visa applicants every fiscal year. This cap does not apply to family members seeking derivative U visas.

Once the U.S. Citizenship and Immigration Services (USCIS) reaches the 10,000 annual cap, there is a waiting list. While on the waiting list, the USCIS may grant parole or deferred action. Applicants can seek work authorization as they await the availability of U visas.

Once the visas become available, those on the waiting list get U visas based on when their petitions were received.

Seek Legal Help: Contact an Immigration Law Attorney Near You

Navigating the complex rules of U.S. immigration law is challenging. This is particularly the case if the people involved have been victims of domestic violence and other serious crimes. In this case, the guidance of an immigration attorney helps.

Their experience can help victims of certain crimes learn about their visa eligibility and the USCIS forms they must fill out. They can provide legal support to help victims understand the legal system effectively. Legal professionals and government agencies can provide you with guidance and help. Do not hesitate to reach out to an immigration law attorney near you.