U Visa for Victims of Crime

Comprehensive guide to obtaining a U visa for victims of crime

U Visa 2019-08-16T16:06:42+00:00

Criminal activities do not always involve residents of a particular city or country. Many criminals target those who are staying in the country as tourists and visitors or even illegal immigrants. These victims of crimes are often valuable witnesses and can offer insight into convicting the criminal. However, they are sometimes reluctant to provide this information since they are scared of being deported.

To eliminate this fear which stands as a barrier to catching many criminals, the US Congress passed the Victims of Trafficking and Violence Protection Act together with the Battered Immigrant Women’s Protection Act in 2000.

What is the U Visa?

U Visa is a US non-immigrant for victims of criminal activity who have suffered mental and physical abuse. It is designed for two reasons:

  • To protect victims of crimes who are not US citizens.
  • To gather information regarding crimes.

The U visa protects victims by giving them legal status in the US where US law enforcement can stand with them against the crimes committed. In addition, the victim who gets the U visa status gives valuable information to police and other law enforcement regarding the crime. This information can then be used to track the criminal and make a conviction.

Do I Qualify for the U Visa?

To qualify for the U visa, the crime must have happened within US territory. Also, the victim of the crime must fulfill several criteria, such as:

  • Be the victim of one of the crimes listed below.
  • Have suffered physical or mental abuse from the crime.
  • Be willing to cooperate with the US government regarding that crime.
  • Have information regarding the crime which they share with law enforcement. If the victim is under 16 years old, they may have a family member or guardian share the information for them.
  • The victim is admissible as a non-immigrant in the US. In case the victim is inadmissible, they must file Form I-192, Application for Advance Permission to Enter as a Non-immigrant. If this form is approved, the inadmissibility will be waived.

What Crimes Qualify You for U Nonimmigrant Status?

To better define what you can get the U visa for, the US government has listed the types of crimes for which victims can seek U visa status. The following crimes qualify for the U Nonimmigrant Status:

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 Other similar crimes

However, attempt, conspiracy or solicitation to commit the above-mentioned crimes might also be sufficient for a U visa.

What Are the Benefits of the U Visa?

Those victims who are granted U visa status have the right to remain in the US for the period that their visa is valid. They become legal non-immigrants and have the following rights:

  • Open a bank account.
  • Get a driver’s license.
  • Enroll in an academic or vocational study.
  • Work as legal employees.

Working as a U visa holder

The last part which includes the right to work is automatic for U visa holders. Immediately after the victim is granted U status, they obtain the Employment Authorization Document (EAD) and do not need to file Form I-765, Application for Employment Authorization to get it. With the EAD, U visa holders can work in any legal industry and in any capacity, both full and part-time. Additionally, they do not need to find a job immediately, but the EAD only gives them the right to work whenever they want or feel able to.

How to Apply for the U visa?

When applying for a U Visa, you will need to complete a few main steps, in order to get the visa. These steps are as listed and clearly explained below:

  1. Cooperate with law enforcement to get the status of a victim.
  2. Complete the online application form.
  3. Collect the required documents and submit them at the USCIS or US embassy.
  4. Wait for visa processing.
  5. After visa approval.

Cooperate with law enforcement to get the status of a victim

You should request law enforcement certification, and assist them in the detection, investigation, and/or prosecution of the qualifying crime, a victim of which you are. Law enforcement will then make a decision whether you should sign Form I-918 and/or Supplement B.

Complete the online application form

To begin the application process for a U visa you should fill in Form DS-160, Application for Non-immigrant Visa. The form is online and is the first step for applying for any non-immigrant visa. When you submit all of your information and the details of the visa you are applying for, you will get a confirmation page and number, which you will need for your documents file.

Collect the required documents and submit them at the USCIS or US embassy

If you are inside the US at the time of the application, you must send these documents at USCIS:

  • Form I-918, Petition for U Non-immigrant Status.
  • Form I-918, Supplement B, U Non-immigrant Status Certification. This is your Certification of Helpfulness which is released by a law enforcement official and agency. It must state that you were helpful in the criminal case or that you will be helpful in the future for a successful investigation.
  • A personal statement which describes your situation, the crime that you were a victim of and the abuse you have suffered.
  • Police and court records proving you were a victim of the crime.
  • Medical records from doctors and hospitals which prove you have suffered substantial physical or mental abuse directly from the crime. This can involve letters, photographs, or affidavits.
  • Documents proving your identities, such as a valid passport or birth certificate.
  • Letters from family and friends which describe your abuse due to the crime.
  • If you are inadmissible because of past immigration violations, you must file Form I-192, and have it approved.
  • DS-160 confirmation page.
  • One US Visa photograph meeting the Photo Requirements.

Wait for visa processing

The USCIS then reviews the petition for eligibility and requests more evidence if necessary. If you meet the criteria to get a U Visa, but the statutory cap for the fiscal year has been met (10,000 per year) USCIS will place you on a waiting list.

After visa approval

Once a visa is available, USCIS reviews the file to verify eligibility, once again. If determined that you are eligible, your petition for a U nonimmigrant status will finally be approved.

If applying from outside the US

If you are outside the US, you must take these steps:

  1. File all the above-mentioned documents to the Vermont Service Center.
  2. Schedule an interview at your nearest US Embassy and obtain a visa appointment letter.
  3. Conduct the interview with a US Embassy Official.

Whether you are applying from within or outside the US, you must get your petition approved from USCIS to qualify for the U visa. When USCIS approves your petition, you will get a Form I-797, Notice of Action, which you must attach to your documents. In addition, you will be required to send in biometric information to USCIS or the Vermont Service Center. Besides photographs, this also includes fingerprints.

How Much Does it Cost to Apply for a U Visa?

Since this applies to victims of crimes and violence, the application procedure is free of charge. There are no fees to apply for, but there are fees for filing some of the forms. However, to avoid these fees, you can file for a waiver by sending in a written request or Form I-912, Request for Fee Waiver.

How Long Does it Take to Process U visa?

After you send in your application, you must wait for USCIS to process it. Unfortunately, the U visa takes quite some time to process. It can take from 12 to 18 months for the U visa to be processed and approved.

The processing times may vary widely though, since for example, if you are required to send in additional evidence to USCIS, processing times may become longer.

How Long is the U Visa Valid?

From the time that your petition for the U visa is approved and stamped on your passport, it is valid for a maximum of 4 years. During those 4 years, you are allowed to live and work in the US as a non-immigrant.

When your status is close to expiring, you can request an extension from USCIS. Extensions are done by filing Form I-539, Application to Extend/Change Nonimmigrant Status.

However, getting this extension is particularly difficult and only depends on the following reasons:

  • Your information is needed from law enforcement agencies.
  • You are needed on exceptional circumstances.
  • There are delays in consular processing.

Is There a Cap for the U Visa?

The U visa based on US government directives has a cap. This means that there is a limited number of these visas issued each year. In total, no more than 10,000 U visas may be given in one fiscal year. This includes only the principal applicants, so the victims, and not their family or dependents.

If there are too many applications in one year, the US Citizenship and Immigration Services (USCIS), which is in charge of these visas is allowed to create a wait list for those who qualify for the U visa. The people on the waitlist are granted employment authorizations, and when more U visas become available, they automatically get them.

Can I Apply for a Green Card With a U visa?

When you have a U visa for 3 years, you are eligible to apply for a Green Card. To be eligible for US permanent residence, besides having the U visa for 3 years, you must also have complied with US law enforcement requests. So you must have shared all information regarding the crime to the police and not withheld anything.

What Are the Visas for Family Members of Victims of Crime?

As mentioned, with a U visa, you are allowed to bring your spouse, children, parents, and siblings under some circumstances with you in the US. After you get your own U visa, you can then petition for family members by filing Form I-918, Supplement A, Petition for Qualifying Family Member of U-1 Recipient.

The U visa for victims of crimes has several types of statuses granted to the principal victim and the derivative family members. These are the types of visas for dependents of U visa holders:

  • U-2 visa is a derived U visa for the spouse of the U-1 visa holder. The US only accepts legal marriage which can be proven through certificates and ceremonies and does not accept multiple spouses.
  • U-3 visa is for the children of the U-1 visa holder who have valid birth certificates.
  • U-4 visa is for the parents of the U-1 visa holders. The U-1 visa holder must be under 21 years old for the parents to qualify for a U-4 visa.
  • U-5 visa is for unmarried siblings under 18 years old of the U-1 visa holder. For the siblings to qualify for a U-5 visa, the U-1 visa holder must be under 21 years old.

Despite the five types of U visas, the primary U-1 visa holder must have an approved and valid visa for the other family members and dependents to be eligible to apply for one.

What are U Visa dependents allowed to do?

If your family members are eligible and approved the U dependents visas, they are also allowed to file for work authorization and start employment. Their EADs will not be granted automatically, but they have to apply for them.

Additionally, if you are given a Green Card, your family members can also apply for the Green Card by filing Form I-929, Petition for Qualifying Family Member of U-1 Nonimmigrant. This petition must be filed for each family member individually.

What is the Difference With the T Visa?

The main difference between the T visa and the U visa is that the T visa is issued specifically to victims of human trafficking, while the U visa is for victims of any serious crime.

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