A U visa, or U nonimmigrant status, is a special type of visa available to victims of certain crimes who have suffered mental or physical abuse and are willing to assist law enforcement and government officials in the investigation or prosecution of the criminal activity. To qualify for a U visa, individuals must meet specific requirements:
- Qualifying Criminal Activity: The victim must have been a direct or indirect victim of a qualifying criminal activity. Qualifying crimes include but are not limited to domestic violence, sexual assault, human trafficking, kidnapping, and other crimes that violate U.S. laws.
- Suffering Substantial Physical or Mental Abuse: The victim must have suffered substantial physical or mental abuse as a result of the criminal activity. It’s essential to provide evidence of this abuse, such as medical records, police reports, or sworn statements from professionals.
- Assistance to Law Enforcement: The victim must have information about the criminal activity and be willing to assist law enforcement and government officials in the investigation or prosecution of the crime. This often involves cooperating with law enforcement agencies and providing helpful information.
- Certification of Assistance: To apply for a U visa, victims need a certification from a law enforcement agency, prosecutor, or another certifying authority confirming their cooperation in the investigation and prosecution of the crime.
- Inadmissibility Waiver: U visa applicants must demonstrate that they are admissible to the United States or obtain a waiver of inadmissibility. If they are found inadmissible, they can apply for a waiver (Form I-192).
- Family Members: Certain family members of the U visa applicant may also be eligible for derivative U visas. This includes the victim’s spouse, children, and, in some cases, parents.
- Lawful Entry or Presence: Victims who are outside the United States should apply for a U visa through the U.S. Department of State and go through consular processing. Victims already in the United States should apply to U.S. Citizenship and Immigration Services (USCIS) for a change of status.
- Filing a Petition: Victims or their legal representatives must submit a U visa petition (Form I-918) along with all required supporting documentation to USCIS. This includes the certification of assistance and evidence of the qualifying crime.
- Waiting for Approval: Once USCIS approves the U visa petition, victims will be granted U nonimmigrant status. U visa holders can work legally in the U.S. during their period of stay.
- Application for Adjustment of Status: After being in U nonimmigrant status for at least three years and meeting other requirements, U visa holders may be eligible to apply for lawful permanent residency (green card) through adjustment of status (Form I-485).
- Apply for U Visa Extensions: If the U visa holder’s assistance is required for a longer period in ongoing criminal investigations or prosecutions, they can request extensions of their U visa status.
It’s important to note that U visa applications can be complex, and it’s highly recommended to consult with an immigration attorney or an advocate familiar with U visa requirements and the legal process. Additionally, U visa applicants may experience waiting periods due to visa caps, as only a limited number of U visas are available each fiscal year.