Applying for a U Visa
A U Visa offers safety and security to victims of certain crimes who have suffered mental or physical abuse and are willing to assist law enforcement in the investigation or prosecution of criminal activity.
Common questions:
I have been a victim of a crime, but I’m not sure if it qualifies for a U visa. What should I do?
Consult with an experienced attorney. An attorney with U visa experience will analyze whether you may qualify for a U visa and any arguments that might be made to support your case if the circumstances are unique.
I need a waiver for a few reasons. Should I apply?
The U visa waiver, if granted, is the most forgiving waiver offered through the U.S. immigration process. Consult with an experienced attorney.
What Is a U Visa?
The U Visa is a non-immigrant visa for victims of specific crimes who have suffered substantial physical or mental abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity. This visa provides victims with legal status, work authorization, and the possibility of obtaining a green card and permanent residency in the United States.
Who Qualifies for a U Visa?
To qualify for a U Visa, applicants must meet the following criteria:
Victim of a Qualifying Crime: The applicant must have been a victim of a qualifying crime, such as domestic violence, felonious assault, sexual assault, trafficking, kidnapping, extortion, or other serious offenses.
Suffered Substantial Abuse: The applicant must have suffered substantial physical or mental abuse as a result of the crime.
Helpful to Law Enforcement: The applicant must be, have been, or is likely to be helpful to law enforcement or government officials in investigating or prosecuting the crime. This cooperation is certified by a law enforcement agency or official.
Admissible to the U.S.: The applicant must be admissible to the United States, or they must qualify for a waiver of inadmissibility.
The U Visa Application Process
Applying for a U Visa involves several key steps:
Law Enforcement Certification (Form I-918, Supplement B): A law enforcement official must complete and sign Form I-918, Supplement B, certifying that the applicant has been helpful, is being helpful, or is likely to be helpful in the investigation or prosecution of the crime. This certification must be received before applying for a U visa.
Filing Form I-918: This form must include personal information, details about the crime, and evidence of the applicant’s cooperation with law enforcement.
Evidence Submission: The applicant must submit evidence of the crime, their victimization, and their cooperation with law enforcement, along with proof of any substantial physical or mental abuse suffered.
Admissibility and Waivers: If the applicant is inadmissible, they may need to file Form I-192, Application for Advance Permission to Enter as a Nonimmigrant, to request a waiver of inadmissibility.
Approval and Benefits: The U Visa grants temporary legal status and work authorization for up to 4 years. After 3 years in U Visa status, the applicant may be eligible to apply for a green card (permanent residency).