The U visa, also known as the U nonimmigrant status, is a valuable resource for individuals who have been victims of certain crimes and have suffered mental or physical abuse as a result. This visa is designed to provide protection and support to victims while they assist law enforcement in the investigation or prosecution of the crime.
In this guide, we will delve into the intricacies of the U visa, including its eligibility criteria, application process, processing time, benefits, and more.
What is a U Visa?
The U nonimmigrant status (U visa) is set aside for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity. The government created the U visa with the passage of the Victims of Trafficking and Violence Protection Act (including the Battered Immigrant Women’s Protection Act) in October 2000. Its purpose is to not only aid law enforcement in investigating and prosecuting crimes like domestic violence, sexual assault, and trafficking but also to offer protection to victims who have suffered greatly due to these crimes. By assisting law enforcement, victims can qualify for the U visa, which provides them with legal status and certain benefits.
What are the Eligibility Criteria for U Visa?
- You have been a victim of qualifying criminal activity.
- You have suffered significant physical or mental abuse due to this victimization.
- You possess information regarding the criminal activity. If you are under 16 or unable to provide information due to a disability, a parent, guardian, or next friend may provide information on your behalf.
- You have been, are, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime. If you are under 16 or unable to provide information due to a disability, a parent, guardian, or next friend may assist law enforcement on your behalf.
- The crime took place in the United States and violated U.S. laws.
- You are admissible to the United States. If not, you may apply for a waiver using Form I-192, (Application for Advance Permission to Enter as a Nonimmigrant).
Note: The term “Next Friend” means a person who appears in a lawsuit to represent the benefit of a foreign worker who is under the age of 16, or who suffered substantial physical or mental abuse as a result of being a victim of qualifying criminal activity. The next friend is not a party to the legal proceedings and is not appointed as a guardian.
What Are the Qualifying Criminal Activities for U Nonimmigrant Visa Eligibility?
The specific criminal activities that may make one eligible for a U nonimmigrant visa are crucial for those seeking legal protection and support in the United States. The list of qualifying criminal activities are as follows:
- 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
- Conspiracy
- Other Related Crimes
What is the U Visa Application Process?
- Be a Victim of Qualifying Criminal Activity: First, ensure that you have been a victim of a qualifying criminal activity as defined by U.S. immigration law.
- Report the Crime to Law Enforcement: Report the crime to law enforcement authorities and cooperate with their investigation.
- Obtain Certification Form: Obtain Form I-918, Supplement B, Certification of Victim of Criminal Activity, from a certifying agency such as law enforcement, prosecutors, or judges. This form verifies your cooperation in the investigation or prosecution of the crime.
- Gather Supporting Documents: Collect supporting documents, including police reports, court documents, medical records, and any other evidence related to the crime and your victimization.
- Complete Form I-918: Fill out Form I-918, Petition for U Nonimmigrant Status, accurately and completely.
- Submit the Application: Submit the completed Form I-918 along with Form I-918, Supplement B, and all supporting documents to the U.S. Citizenship and Immigration Services (USCIS).
What is U Visa Processing Time?
As of March 29, 2023, the current processing period for U visas is between 59 months to 60.5 months. This duration covers the interval from submission to the issuance of either a Bona Fide Determination notice or a notification indicating the petition’s consideration for placement on the waiting list. It’s important to note that these processing times offer guidance rather than precise timelines for individual case completions.
Qualification for the Family Members
The qualification of certain family members for a derivative U visa depends on the age of the principal petitioner:
- If you’re under 21 years old: You can apply for your spouse, children, parents, and unmarried siblings under 18.
- If you’re 21 years old or older: You can apply for your spouse and children
U Visa Extensions
When U nonimmigrant status is granted, it is valid for four years. However, extensions are available in certain, limited circumstances if the extension is :
- Requested by law enforcement.
- Required due to exceptional circumstances.
- Necessary due to delays in consular processing.
- Automatically extended while an application for adjustment (Green Card) is pending.
Can You Change the Status From U Visa?
Changing from a U visa status to another nonimmigrant status within the United States is not possible. However, individuals with U nonimmigrant status may be eligible to adjust their status to lawful permanent resident (Green Card holder) under specific circumstances.
How can Kodem Law Help You?
At Kodem Law, we are here to guide you through your U visa journey every step of the way. You can trust us to navigate the complexities of the U visa process with confidence, ensuring you have a clear path forward. We provide tailored solutions designed specifically for your situation. Our personalized assistance maximizes your chances of a successful U visa application. Throughout the process, we’ll keep you informed with timely updates and clear communication. You will always know what’s happening at every stage, giving you peace of mind.
Frequently Asked Questions
Q- Will a U Visa Ever Lead to a Green Card?
A: Yes, a U visa can lead to a Green Card. To be eligible, you must have been physically present in the United States for at least three continuous years while holding U nonimmigrant status. Additionally, you need to file Form I-485 (Application to Register Permanent Residence or Adjust Status). If you have eligible family members, you must also file Form I-929 (Petition for Qualifying Family Member of U-1 Nonimmigrant) for each of them along with Form I-485.
Q- What is the one major difference between the U visa and other visa types?
A: The primary distinction between the U visa and other visa types lies in its unique purpose and eligibility criteria. Unlike many other visas that focus on factors like employment, family reunification, or business, the U visa is specifically designed to provide protection and immigration benefits to victims of crime who assist law enforcement. The U visa aims at supporting victims and enhancing public safety.
Q- Can I travel outside the U.S. with an approved U visa?
A: Yes, It is possible to travel abroad with an approved U visa and a valid passport. However, you must follow the following requirements and procedures to do so:
- Obtain travel authorization: If you plan to travel outside the United States on a U visa, you will need to obtain prior travel authorization from USCIS and wait for approval before leaving the country. Also known as “Advance Parole”, this authorization is issued in emergency or humanitarian situations.
- Maintaining your legal status: Although the U visa allows you to leave the country, it is crucial to maintain your legal status. This means that, if your U visa expires while you are outside the U.S., you may face difficulties returning and may be denied entry into the country.
- Inform USCIS of address changes: If you plan to travel outside the United States, it is necessary to inform USCIS of any changes in your address or contact information. This allows USCIS to send you relevant information or updates about your case while you are away.
Note: Seeking guidance from an experienced immigration attorney at Kodem Law can provide valuable assistance in initiating and completing the process safely and legally.
