Immigration Options for Victims of Crimes: U Visa

The U Visa is a form of immigration relief for victims of certain criminal activities and is implemented as a tool to aid law enforcement in identifying perpetrators and aiding victims. The U Visa grants a temporary 4 year stay for holders with some holders eventually qualifying for lawful permanent residency.

What is U nonimmigrant status (U Visa)?

The U nonimmigrant status (U visa) is a legal status reserved for victims of specific crimes who have suffered mental or physical abuse and assist law enforcement in the investigation or prosecution of those crimes. This status aims to protect crime victims while strengthening the ability of law enforcement agencies to investigate and prosecute cases involving domestic violence, sexual assault, human trafficking of non-citizens, and other criminal acts.

Read the Law: U.S. Code, Title 8 § 1101(a)(15)(U)

Who is eligible for U Visa?

An individual qualifies for a U visa if they:

have suffered substantial physical or mental from a “qualifying criminal activity”;
possess information regarding criminal activity;
were helpful, are currently helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime and,
are admissible to the United States.

NOTE: Applicants for U visas are not required to hold legal immigration status. Eligibility for U visa status does not restrict an individual from seeking another immigration status for which they may also qualify.

What is a “Qualifying Criminal Activity?”

Qualifying criminal activities include:

Abduction
Abusive Sexual Contact
Blackmail
Domestic Violence
Extortion
False Imprisonment
Female Genital Mutilation
Felonious Assault
Fraud in Foreign Labor Contracting
Hostage situations
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

Attempt, conspiracy, or solicitation to commit any of crimes listed above also satisfies the qualifying crime requirement for U visa status.

What is Helpfulness?

To qualify for U visa, an individual must possess information about the qualifying criminal activity and demonstrate willingness to assist law enforcement in the investigation or prosecution of the crime. Assistance can take many forms. For example, an individual may have contacted police to alert them to the crime or filed charges against the perpetrator. Willingness to assist may also be demonstrated by testifying in court or agreeing to testify against the accused.

What is Admissibility?

Individuals seeking lawful entry into the U.S. must establish their admissibility during the inspection process by U.S. Customs and Border Protection officers. Individuals applying for admission may be deemed inadmissible based on health issues, criminal history, national security concerns, public charge status, lack of labor certification, fraud or misrepresentation, prior removals, or unlawful presence in the U.S.

Grounds for inadmissibility

Grounds for inadmissibility can be found in the Immigration and Nationality Act (INA). If someone is not admissible, information about applying for a waiver can be found on Form I-192 (Application for Advance Permission to Enter as a Nonimmigrant).

What are the benefits of the U Visa?

Eligibility for work authorization and a social security number – You will be provided employment authorization which will allow you to work lawfully while you are in U nonimmigrant status. This work authorization is available to you once you are issued a Bona Fide Determination (BFD) or are placed on the waitlist. A “bona fide” determination is issued if an initial review of the U Visa application demonstrates the application was complete and properly filed and a criminal background check does not raise any national security, public safety, or other concerns. Once the U visa petitioner is granted U visa status, they will also receive authorization to work lawfully while they remain in U visa status. Employment authorization allows individuals to work lawfully while holding U nonimmigrant status. This authorization becomes available once a Bona Fide Determination (BFD) is issued or upon placement on the waitlist. A “Bona Fide Determination” is issued if an initial review shows the application was complete and properly filed, and a criminal background check reveals no national security, public safety, or other concerns. Once U visa status is granted, authorization to continue working lawfully is automatically received for the duration of U visa status.

Pathway to Lawful Permanent Resident Status – Lawful permanent residence (Green Card) may be applied for after having a U visa for 3 years.

Eligibility of family members to apply for a U visa – A spouse and children (unmarried and under age 21) may be included as derivatives on a U visa petition. If the petitioner is under 21 years old at the time of filing, parents and unmarried siblings (under 18 years of age) may also be included.

Protection from deportation – U visa holders have legal status and will not be placed in removal proceedings unless they commit crimes or immigration violations after the U visa grant.

What are the limitations of the U Visa?

It is temporary - A U visa is only valid for 4 years and cannot be renewed. However, extensions are available if the extension is:

needed based on a request from law enforcement;
needed based on exceptional circumstances; and/or
needed due to delays in consular processing.

A U visa will also be automatically extended upon the filing and processing of an application for a Green Card.

There are a limited number of U visas available – There is an annual limit of 10,000 U visas. This limit means that there might be a wait before a U visa is obtainable. Once the annual cap has been reached, if eligible for a U visa, individuals will be placed on a waitlist and may apply for work authorization while waiting for a visa to become available.

There is no cap for the number of family members deriving status from the principal applicant, such as spouses, children, or other eligible family members.

Travel abroad may not be permitted – U visa holders who have previously been in the United States without permission for more than 180 days risk being unable to re-enter the country and facing complications during their Green Card application process. Travel is excused if it is to help with the investigation or prosecution of the criminal activity of which the individual was a victim.

Criminal history or violations of immigration laws may cause complications – Applicants must disclose their criminal and immigration history in the process of applying for a U visa. While applicants for the U visa can apply for generous waivers of many activities that violate immigration laws, including crimes, an immigration representative should be consulted prior to the submission of the application.

U visa holders are not “qualified immigrants” – U visa recipients are not eligible to receive federal public benefits or federal means-tested public benefits. This includes: FAFSA, Public and Assisted Housing, Food Stamps, and Medicaid.

How do I apply for the U Visa?

All applications for immigration benefits involve completing forms and submitting documents. To apply for a U visa, Form I-918 (Petition for U Nonimmigrant Status) must be submitted. As part of the petition, the applicant will need to provide evidence that the qualifications for a U visa have been met. The required evidence includes:

Evidence of being a victim of a qualifying criminal activity;
Evidence of having suffered substantial physical or mental abuse;
Evidence of possessing information concerning criminal activity, and that the criminal activity is qualifying and violated United States law or occurred in the United States;
Evidence of having been, being, or likely to be helpful to a certifying official in the investigation or prosecution of qualifying criminal activity; and,
A personal statement.

A completed Form I-918, Supplement B must also be submitted. The Supplement must be signed by an authorized official of the certifying law enforcement agency, and the official must confirm that the petitioner was helpful, is currently being helpful, or will likely be helpful in the investigation or prosecution of the case.

U.S. Citizenship and Immigration Services will give significant weight to Supplement B as evidence demonstrating that the individual is a victim.

The Supplement also shows that:

The individual possesses information about the criminal activity;
that the criminal activity occurred in or violated the laws of the U.S.; and
that individual was, is, or are likely to be helpful in the investigation or prosecution of the crime.

If any documents are submitted in a foreign language, a full English translation along with a certification from the translator verifying that the translation is complete and accurate, and that they are competent to translate from the foreign language to English, must be included. The application for U visa status is free.

The National Immigrant Women's Advocacy Project compiles a list of providers that can assist potential applicants.

Read the Law: U.S. Code, Title 8 § 1184(p)

Applying for a Green Card

U.S. immigration law allows noncitizens who have been victims of certain crimes and granted U nonimmigrant status (U visa) to become lawful permanent residents (get a Green Card). To qualify for a Green Card as a crime victim, U visa status must be held, and the following eligibility requirements must be met:

Lawful admission under U visa status;
Current U visa status at the time the application for a Green Card is filed;
Physical presence in the U.S. for a continuous period of at least 3 years since U visa status was granted;
Provision of assistance in the criminal investigation or prosecution of the crime;
Admissibility under section 212(a)(3)(E) of the Immigration Nationality Act; and
Demonstration that presence in the U.S. is justified on humanitarian grounds, to ensure family unity, or is in the public interest; and
Merit for a favorable exercise of discretion.

Adjustment of status from U visa to a Green Card is not automatic or guaranteed.

To apply for a Green Card, Form I-485 (Application to Register Permanent Residence or Adjust Status) must be filed. Documents and evidence must be submitted to support the application. There is a fee to file.

Read the Law: U.S. Code, Title 8 §1255(m)

Source

Contributor: Kendall Niles; Updated by Web Services Librarian; Volunteer Attorney