Description

Victims of certain criminal activity considered to be heinous may be eligible to obtain a Nonimmigrant ‘U visa’. The crime must have occurred within U.S. territory. Any Migrant, regardless of his/her method of entry in the United Sates, may be eligible to apply for a U visa category. However, for Migrants with previous unlawful entries, additional waiver requirements may apply.

The Victims of Trafficking and Violence Protection Act of 2000 allowed for the creation of the U visa program. The intent of the legislation was to aid law enforcement agencies to investigate and prosecute criminals while protecting the victims who suffered substantial mental or physical abuse as a result of the criminal activities. Victims have aid law enforcement by acting as witnesses, providing evidence and insight that can assist in the conviction and detention of dangerous criminals in the United States.

An attempt, solicitation, or conspiracy to commit one of the qualifying crimes against a Migrant victim is sufficient to support his/her U visa claim. Examples of crimes that may qualify a victim for U visa status include, but are not limited to:

• Rape
• Torture
• Trafficking
• Incest
• Domestic Violence
• Sexual Assault
• Abusive Sexual Contact
• Prostitution
• Sexual Exploitation
• Stalking
• Female Genital Mutilation
• Held as Hostage
• Peonage (forced labor on account of debt or convict labor)
• Involuntary Servitude
• Slave Trade
• Kidnapping
• Abduction
• Unlawful Criminal Restraint
• False Imprisonment
• Blackmail
• Extortion
• Manslaughter
• Murder
• Felonies Assaults
• Witness Tampering
• Obstruction of Justice
• Perjury
• Fraud in Foreign Labor Contracting
• Attempt, Conspiracy, or Solicitation to Commit any crime on this list or similar crimes

A Migrant victim of a qualifying criminal activity must generally file Form I-918, Petition for U Nonimmigrant Status, before U.S. Citizenship and Immigration Services (USCIS). In addition, a Migrant victim must also file Form I-918 Supplemental B, U Nonimmigrant Status Certification. This form certifies that the Migrant was helpful, currently offers aid and/or is likely to be useful in an investigation and/or prosecution conducted by law enforcement. This certificate must be completed and filed by an officer from a corresponding law enforcement agency. It is generally recommended for a Migrant to consult with a licensed attorney and to retain his/her assistance with the filing of a proper U visa petition accompanied by all of the required supplemental documentation to support a victim’s claim.

 

In addition to the required forms, the Migrant must provide a notarized statement describing in detail the criminal activity that he/she was a victim of. If the Migrant was injured due to the criminal activity, hospital records and/or medical files may serve as supporting evidence. Additionally, any Migrant victim who required and/or received therapy as well as any type of counseling, may generally benefit from requesting support letters to validate his/her personal statement and petition claim.

A Migrant victim that entered unlawfully to the United States must apply for a waiver using Form I-192, Application for Advance Permission to Enter as Nonimmigrant. This application is filed jointly with the U visa Petition and Supplemental B. However, Form I-192 has additional requirements and submission fees. It is recommended that a Migrant with a complex immigration history consult with a licensed attorney to ensure proper filing and eligibility under this classification.

Regardless of the victim’s current location of residence, either in the United States or abroad, he/she must generally proceed with all of the U visa filing process before USCIS in the United States. However, if the Migrant resides abroad, additional documentation and/or immigration procedures may be required to secure an interview at a U.S. embassy or consular office abroad. At the interview, an immigration officer will thoroughly review the petition and its supporting documentation to determine a Migrant’s eligibility and admission to the United States.

If the Migrant’s U visa petition is granted, the status will remain in effect for the succeeding four (4) years. During those four (4) years the Migrant must continue to accrue physical presence in the United States. Therefore, the Migrant must not travel outside of the United States to secure continued eligibility.

After the four-year period, a Migrant may renew his/her U visa status under the following applicable circumstances:

• A request was made from law enforcement,
• Exceptional circumstances apply,
• Incurred delays in consular processing, or
• Automatic extension upon the filing and pending status of an application for adjustment of status, green card.

 

Generally, after a period of three (3) years, the Migrant may apply for adjustment of status under the conditions that he/she remained physically present in the United States and has not refused to cooperate with law enforcement while under a U visa status.

Benefits

The benefit for applying for a U visa is for a Migrant to be granted protection for his/her cooperation with law enforcement. A Migrant that reports a crime and willfully participates with due process during the investigation, can benefit from a protected status. Additionally, while under a U visa status, the Migrant can apply for a work authorization and social security.

A long-term benefit of being a recipient of a U visa is the eligibility to obtain lawful permanent residence (a green card) in the United States. The Migrant must remain under a U visa status and have continuous presence for four (4) years to pursue adjustment of status (green card) while in the United States.

Derivative Dependents

A Migrant that has been granted U visa status can have his/her qualifying family members apply for U visa status under a derivative application. Qualifying family members generally include a spouse, any children under the age of 21 years old, parents (if principal applicant is under the age of 21 years old), and unmarried siblings under the age of 18.

It is important to note that the Migrant, also known as the ‘principal applicant’, must have his/her visa application approved prior to any derivative family member submitting an independent application. Generally, the derivative family member must provide evidence that the principal applicant’s status for U visa category was approved in order to meet a strict eligibility requirement.

Process Description

The U visa program grants about 10,000 U visas yearly. A Migrant may be placed on a waiting list should the number of allocated visas reach its cap during that given year. However, there is no cap for family members (such as spouses, children, or other eligible family members) deriving status from the principal applicant.

The U visa process and timeframes vary depending on the agencies’ internal policies for handling U visa applications. Additionally, time may vary depending on the U.S. embassy or consular office abroad handling further consular processing procedures and/or adjudication of U visa applications.

Unfavorable Circumstances

For some individuals, immigration is a complex process to navigate through due to the strict requirements and interpretation of the law. The U Nonimmigrant Visa Status requires the Migrant to request a certification from a law enforcement agency. Due to the complexity of our legal system and its agency, it may be challenging for a Migrant victim to have knowledge on the proper process of obtaining this certification. Failure to provide an official certification may potentially result in the denial of the U visa. A licensed attorney is generally recommended to assist with the extensive process of filing a U visa petition and supporting documentation.

In addition, a Migrant victim who entered the United States unlawfully must consult with a licensed attorney to ensure eligibility as some unlawful entries and prior deportations may result in permanent immigration bars.

Relevant Links List

Name	Description	Website
Victims of Criminal Activity: U Nonimmigrant Status	Website contains additional information regarding U.S. Citizenship and Immigration Services (USCIS) Victims of Criminal Activity.	https://www.uscis.gov/humanitarian/victims-of-human-trafficking-and-other-crimes/victims-of-criminal-activity-u-nonimMigrant-status
Application for Advance Permission to Enter as Nonimmigrant	Website contains additional information regarding U.S. Citizenship and Immigration Services (USCIS) U nonimmigrant status.	https://www.uscis.gov/i-192

Citations

U visa petitions are processed and adjudicated under complex and strict eligibility as detailed in the policy published by the U.S. Department of Homeland Security. Certain relevant laws, regulations, and/or policies are specified under the Federal Register (FR), Immigration and Nationality Act (INA), Code of Federal Regulations (CFR) and/or U.S. Code. Some of the applicable laws and regulations include:

Citations List

Citations	Description	Section Title
INA § 101(a)(15)(U)	Immigration and Nationality Act (INA) is a federal law that establishes immigration, naturalization, and exclusion of aliens.	Definitions
INA § 212	Immigration and Nationality Act (INA) is a federal law that establishes immigration, naturalization, and exclusion of aliens.	Inadmissible Aliens
8 CFR § 214.14	Code of Federal Regulations (CFR) establishes regulations imposed by the Federal Government of the United States.	Alien victims of certain qualifying criminal activity.

Related Forms List

Name	Description	No.	Fee
Petition for U Visa Nonimmigrant Status	A Petition for U Visa Nonimmigrant Status form must be filed with United States Citizenship and Immigration Services (USCIS).	I-918	$0
Supplement A, Petition for Qualifying Family Member of U-1 Recipient	Supplement A form must be filed with United States Citizenship and Immigration Services (USCIS).	I-918	$0
Supplement B, U Nonimmigrant Status Certification	Supplement B form must be filed jointly with the U visa petition with United States Citizenship and Immigration Services (USCIS).	I-918	$930
Application for Advance Permission to Enter as Nonimmigrant	Application for Advance Permission to Enter as Nonimmigrant is filed jointly with the U Visa Petition and Supplemental B.	I-192	$930
Application for Change of Address	A Change of Address form must be filed with United States Citizenship and Immigration Services (USCIS).	AR-11	$0
Employment Authorization Application	An Employment Authorization application must be filed with United States Citizenship and Immigration Services (USCIS).	I-765	$0-$485

Supporting Documents

A U visa petition must generally be supported by documentation that establishes direct harm as a result of the crime. Some of the initial required supporting documentation may include:

Supporting Documents List

Name	Description
Passport-Style Photographs	To include passport-styles photographs (2) must comply with USCIS’ requirements related to sizing, position, and color.
Personal Documentation	To include birth certificates, passport biographical pages, identification IDs. All documentation must be in compliance with the U.S. Department of State – Bureau of Consular Affairs which requirements vary by country.
Evidence of U.S. Admission	To include stamped passport, I-94, Notice to Appear.
Evidence of Abuse	To include medical reports and/or hospital records, photographs of injuries, court official reports from Judges and other courts.
Evidence of Substantial Physical or Mental Suffering	To include medical diagnoses, treatments, therapies and/or medical verifications to support suffered physical/mental hardship.
Affidavits	To include supporting affidavits from medical personnel, social workers, and other social service personnel as well as witnesses.