U VISA FAQ
What is a U Visa?
A U Visa is a type of nonimmigrant visa in the United States designed for victims of certain crimes who have suffered mental or physical abuse and are willing to assist law enforcement or government officials in the investigation or prosecution of the criminal activity. This visa was created to protect victims of certain crimes and to help law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, human trafficking, and other crimes.
Are you eligible for a U Visa?
In order to be eligible for a U Visa you must:
(1) Be a victim of a qualifying crime (including but not limited to: domestic violence, sexual assault, trafficking, extortion, abduction, and witness tampering);
(2) You must have suffered substantial abuse (whether physical or mental) as a result of that crime;;
(3) You must be (or is likely to be) helpful to law enforcement; and
(4) You must be admissible to the US or obtain a waiver of inadmissibility.
Benefits of a U Visa:
The U Visa is valid for up to four (4) years and U Visa holders are eligible to apply for work authorization in the United States. Certain family members of the U Visa applicant may also qualify for a U Visa. Furthermore, after three (3) years of continuous presence in the United States, a U Visa holder may apply for adjustment of status to become a lawful permanent resident, provided they meet certain additional criteria.
How do you apply for a U Visa?
In order to apply for the U Visa, you have to meet the criteria stated above. Additionally, you need a law enforcement certification (Form I-918, Supplement B) from a certifying agency such as the police, a judge, or other authority responsible for investigating or prosecuting the crime. Furthermore, you will need to collect evidence to support your U Visa application. This can be a personal statement, police records and/or court documents, medical records, and affidavits.
You will then complete the Petition for U Nonimmigrant Status (Form I-918), the U Nonimmigrant Status Certification by a certified official (mentioned above; Form I-918, Supplement B), and if you need a waiver of inadmissibility, the Application for Advance Permission to Enter as a Nonimmigrant. Afterwards, you will send your completed application package (including the necessary forms, personal statement, supporting evidence, and passport photos) to the appropriate USCIS office.
How long does the U Visa process take?
After submitting your application, USCIS will need time to review it. The processing time varies, often taking several months to even over a year. It is possible that during this time, USCIS may request additional evidence or an interview.
