U Non-immigrant Visa
What is the purpose of the U Visa?
The U Visa was created by the United States Congress with the approval of the Human Trafficking and Violence Victims Protection Act (including the Protection of Battered Immigrant Women). The Act was passed for the purpose of protecting crime victims who have suffered substantial mental or physical abuse. This protection helps the authorities to be able to investigate and prosecute the aggressors in various cases, since the undocumented person can cooperate without fear of being deported. In addition, the authorities can help the victims of such crimes.
What crimes qualify for a U Visa?
The foreign person must be the victim of a crime that qualifies for the U Visa, such as: domestic violence, sexual assault, human trafficking, obstruction of justice, witness tampering, kidnapping, extortion, malicious assault, among others. In some cases it also includes an attempt, conspiracy or request to commit any of the aforementioned crimes or other crimes.
More information available at the following link:
Victims of Criminal Activity: U Nonimmigrant Status
What are the requirements to qualify for a U Visa?
- The immigrant person was the victim of a crime within the United States or the crime has violated U.S. law.
- The immigrant suffered substantial mental or physical harm as a result of being a victim of the criminal activity.
- The immigrant person reported the criminal activity to the authorities.
- The immigrant person has information regarding criminal activity. If the victim is under 16 years of age or if the victim is unable to provide the information due to a disability, the mother/father, legal guardian, or legal representative can provide the information on the victims behalf and cooperate with the authorities.
- The person assisted, is assisting or can assist the authorities in the investigation or prosecution of the crime.
- The person is admissible to the U.S., if not the victim can ask for a pardon on the grounds of inadmissibility.
What is the process of applying for the U Visa?
The process can take between 24 and 36 months and consists of:
- Completing and submitting Form I-918 (Petition for U Nonimmigrant Status), Form I-918 Supplement B (Certificate of Nonimmigrant Status which must be signed by a government official) and supporting documents.
- Completing and submitting Form I-192 (Application for Advance Permission to Enter the United States as a Nonimmigrant) if there is an inadmissibility issue.
- Providing a statement about the crime of which the person has been a victim that explains how the victim has collaborated with the Government and how the victim has suffered as a result of the crime.
- Evidence that establishes each of the eligibility requirements.
What documents must accompany the application?
- Passport.
- Birth certificate (translated if necessary).
- Marriage certificate (if applicable and translated if necessary).
- Divorce certificate (if applicable and translated if necessary).
- Copy of previous immigration applications (if applicable).
- Medical records on the suffering caused by the crime.
- Documentation about the criminal case of which you have been a victim:
- Police reports.
- Documents from the trial or other courts (restraining orders, etc.).
- Documentation of medical personnel.
- Documentation of school personnel.
- Documentation of social services or personnel of other social agencies.
- Photographs.
- Signed statement of the incident and its impact on the victim.
- Certificate of Law Enforcement from government personnel (police or prosecution) that the victim has assisted in the prosecution of the crime. Granting this certification is entirely discretionary.
How to file a petition for eligible family members?
Certain family members are eligible for a derivative U Visa. The primary petitioner must have an approved U Visa petition before their family members can be eligible for their own derived U Visa.
- If the petitioner is the principal and is under 21 years of age, she/he can petition on behalf of her/his spouse, daughter/son, mother/father and unmarried relatives under 18 years of age.
- If the petitioner is the principal and is 21 years of age or older, she/he can apply on behalf of her/his spouse or daughter/son.
To petition an eligible family member, the person must file a Form I-918, Supplement A, Petition for Immediate Relative of a U-1 Nonimmigrant, at the same time they submit their application or later.
What is the duration of the visa?
Once the visa is granted, it lasts for 4 years and can then be extended for an additional period of time.
Some reasons for U Visa extensions are:
- Required, based on a request from a law enforcement agency,
- Necessary, based on exceptional circumstances,
- Needed due to delays in consular processing, or
- Automatically extended as a result of the presentation and processing of an application for adjustment of status (application for a Green Card).
Likewise, the U Visa allows the person to apply for a Social Security number.
Can the person adjust their immigration status after the visa is granted?
To adjust the immigration status and obtain the Permanent Legal Residence (Green Card), the foreign person must meet the following requirements:
- The person applying must have lived in the United States continuously for the last 3 years under the U Visa status.
- The person applying must not have denied assistance to the law enforcement agency since the visa was granted.
Can the person who gets their U Visa work in the United States?
Principal U nonimmigrant petitioners are authorized to work as a result of their status, according to the underlying petition for U nonimmigrant status, and the Employment Authorization Document is issued automatically without filing the Form I-765, Application for Employment Authorization.
Derivative family members residing within the U.S. are authorized to work as a result of their status; however, they are not automatically issued an Employment Authorization Document. Form I-765, Application for Employment Authorization, may be submitted for a derivative relative to obtain an Employment Authorization Document.