The U visa status (also known as U nonimmigrant status) was created by Congress with the Victims of Trafficking and Violence Protection Act of 2000. The status allows non–citizen victims of crime who suffered substantial harm to stay in the United States, to obtain employment authorization, and to apply for lawful permanent resident status. Grantees may also apply for immediate family members to obtain immigration status. Furthermore. a U visa holder may apply for a green card after three years and become a legal permanent resident of the United States.
Requirements
- Be victim to a qualifying crime
- Have information regarding the crime
- Demonstrate the crime violated U.S. law; or occurred in the U.S. (including territories and possessions of the U.S.
- Demonstrate that you suffered substantial physical or mental abuse as a result of the crime;
- Show “admissibility” to the United States or that they qualify for a waiver of inadmissibility if they are not
Qualifying Crimes
Rape; torture; trafficking; incest; domestic violence; sexual assault; abusive sexual contact; prostitution; sexual exploitation; being held hostage; peonage; involuntary servitude; slave trade; kidnapping; abduction; unlawful criminal restraint; false imprisonment; blackmail; extortion; manslaughter; murder; felonious assault; witness tampering; obstruction of justice; perjury; or attempt, conspiracy, or solicitation to commit any of the above-mentioned crimes
Applying for U Nonimmigrant Status (U Visa)
To apply (petition) for a U nonimmigrant status, submit:
- Form I-918, Petition for U Nonimmigrant Status
- Form I-918, Supplement B, U Nonimmigrant Status Certification. The Form I-918, Supplement B, must be signed by and authorized official of the certifying law enforcement agency and the official must confirm that you were helpful, and currently being helpful, or will likely be helpful in the investigation or prosecution of the case.
- If any inadmissibility issues are present, you must file a Form I-192, Application for Advance Permission to Enter as Nonimmigrant, to request a waiver of the inadmissibility;
- A personal statement describing the criminal activity of which you were a victim; and
- Evidence to establish each eligibility requirement
Benefits of a U Visa
- Lawful status for up to 4 years
- Permission to apply for a work permit (employment authorization document)
- Possibility to apply for derivative visas for qualifying family members
- Eligibility to adjust status to lawful permanent resident after 3 years