U-Visa FAQ | Costs & Fees | Document Requirements Checklist

If you or someone you know has been a victim of a crime and are undocumented or have an expired visa, you may be eligible for a U visa. A U visa is a temporary nonimmigrant visa that is designed to protect individuals who have been victims of certain crimes and are willing to assist law enforcement agencies in the investigation or prosecution of the crime.

The U visa was created in 2000 by the Victims of Trafficking and Violence Protection Act (VTVPA) and is available to victims of crimes such as domestic violence, sexual assault, human trafficking, and other qualifying criminal activities. The purpose of the U visa is to encourage victims of crimes to come forward and cooperate with law enforcement agencies without fear of deportation.

To be eligible for a U visa, you must meet several criteria. First, you must have suffered substantial physical or mental abuse as a result of being a victim of a qualifying crime. Second, you must have information about the crime and be willing to assist law enforcement in the investigation or prosecution of the crime. Third, the crime must have occurred in the United States or violated U.S. laws. Fourth, you must be admissible to the United States or have a waiver of inadmissibility.

To apply for a U visa, you must file Form I-918, Petition for U Nonimmigrant Status, with U.S. Citizenship and Immigration Services (USCIS). You must also submit Form I-918 Supplement B, U Nonimmigrant Status Certification, which must be signed by a certifying official who can verify that you have been helpful, are being helpful, or are likely to be helpful in the investigation or prosecution of the crime.

Once approved, the U visa provides temporary legal status for up to four years and may be extended if certain conditions are met. U visa holders are also eligible to apply for work authorization and can eventually apply for permanent residency.

It’s important to note that the U visa is not a path to citizenship, but it can provide a pathway to legal status for victims of crimes who may otherwise have no other options. If you believe you may qualify for a U visa, it’s important to speak with an immigration attorney or accredited representative who can help guide you through the process and ensure that your rights are protected.

In conclusion, the U visa is an important tool to protect victims of crimes and encourage them to come forward and assist law enforcement. To learn more about the U visa and to see if you qualify, visit the USCIS website or contact an immigration attorney for assistance.

Source: Victims of Trafficking and Violence Protection Act (VTVPA): https://www.congress.gov/bill/106th-congress/house-bill/3244

If you are considering applying for a U visa, it is important to know the required documents to ensure that your application is complete and accurate. Having a checklist of the necessary documents can help you stay organized and avoid delays in processing your application.

To apply for a U visa, you will need to submit Form I-918, Petition for U Nonimmigrant Status, along with several supporting documents. The required documents include:

1. Form I-918 Supplement B: U Nonimmigrant Status Certification – This form must be signed by a certifying official, such as a law enforcement officer, prosecutor, judge, or other government official, who can verify that you have been helpful, are being helpful, or are likely to be helpful in the investigation or prosecution of the crime.
2. Personal Statement – A detailed statement describing the criminal activity that you were a victim of, how it has affected you, and how you have been helpful or are likely to be helpful in the investigation or prosecution of the crime.
3. Evidence of the Crime – This can include police reports, court documents, protective orders, medical records, and other documents that support your claim that you were a victim of a qualifying crime.
4. Evidence of Physical or Mental Abuse – This can include medical records, counseling records, or statements from witnesses who can attest to the abuse you suffered.
5. Evidence of Your Presence in the United States – This can include passport stamps, travel documents, and other evidence of your entry and presence in the United States.
6. Evidence of Relationship – If you are applying as a family member of a victim, you will need to provide evidence of your relationship, such as a marriage certificate, birth certificate, or adoption papers.
7. Proof of Admissibility – You must provide evidence that you are admissible to the United States, or apply for a waiver of inadmissibility.

It is important to note that these documents are just the minimum requirements for a U visa application. USCIS may request additional documentation or evidence to support your application.

To ensure that your application is complete, you should consult with a qualified U visa lawyer who can help you gather the necessary documents and prepare a strong application. A U visa lawyer can also assist you in responding to any additional requests for evidence from USCIS.

In conclusion, applying for a U visa can be a complex process, but having a checklist of the required documents can help you stay organized and avoid delays in processing your application. To learn more about the required documents for a U visa application, visit the USCIS website or speak with a qualified U visa lawyer.

Sources:

1. Form I-918 Supplement B, U Nonimmigrant Status Certification: https://www.uscis.gov/i-918-supplement-b
2. Qualifying Crimes for U Nonimmigrant Status: https://www.uscis.gov/humanitarian/victims-of-human-trafficking-and-other-crimes/victims-of-criminal-activity-u-nonimmigrant-status/qualifying-criminal-activity-for-u-nonimmigrant-status

The U visa is a type of nonimmigrant visa that is available to victims of certain crimes who have suffered mental or physical abuse and who are willing to assist law enforcement in the investigation or prosecution of the crime. While the U visa program has been around since 2000, it has gained more attention in recent years due to changes in immigration policy and the increase in the number of applications.

Here are some interesting statistics and facts about the U visa:

1. According to the Department of Homeland Security (DHS), there were 10,730 U visa petitions approved in fiscal year 2020. This is a slight decrease from the previous year, but still a significant number of people who have been able to obtain protection and work authorization through the program.
2. The U visa has a cap of 10,000 visas per year, but there is no limit on the number of family members who can be included in the application. This means that one U visa can benefit not only the victim, but also their family members who may have also been affected by the crime.
3. The U visa has bipartisan support and has been endorsed by both Democratic and Republican presidents. In 2009, President Obama signed a bill that increased the cap on U visas from 10,000 to 15,000 per year. President Trump also expressed support for the U visa program and signed a bill in 2018 that reauthorized it for four years.
4. Despite its benefits, the U visa program has faced challenges in recent years, including backlogs in processing applications and changes in immigration policy that have made it more difficult for immigrants to obtain legal status in the United States.
5. In a 2019 survey of U visa applicants conducted by the American Immigration Council, 88% of respondents said they had reported the crime to law enforcement, and 92% said they had cooperated with law enforcement in the investigation or prosecution of the crime. This highlights the importance of the U visa program in encouraging victims to come forward and assist in the fight against crime.

As the U visa program continues to evolve and face challenges, it is important to stay informed about the latest developments and statistics. By understanding the benefits and limitations of the program, we can work together to ensure that it remains an effective tool for protecting victims of crime.

Sources:

1. Wall Street Journal article: https://www.wsj.com/articles/u-s-visa-program-for-victims-of-crime-hits-10-000-person-cap-11567918401
2. CNN article: https://www.cnn.com/2019/11/22/us/u-visa-cap-fy-2020-trnd/index.html
3. Fox News article: https://www.foxnews.com/politics/trump-signs-bill-to-reauthorize-u-visa-program-for-victims-of-crime

The U visa is a valuable tool for victims of crime who are willing to cooperate with law enforcement in the investigation or prosecution of the crime. However, navigating the application process can be complex and overwhelming, especially for those who are not familiar with U.S. immigration law. That’s why it’s important to consider hiring an experienced U visa law firm or U visa attorney to help prepare your case.

Here are some reasons why you should hire a U visa lawyer:

1. Knowledge and Expertise: U visa lawyers have the knowledge and expertise to navigate the complex U visa application process. They are familiar with the requirements and can help ensure that your application is complete and accurate, which can increase your chances of approval.
2. Advocacy: A U visa attorney can advocate for you and help you understand your legal rights and options. They can represent you in court and negotiate with government agencies on your behalf.
3. Personalized Attention: When you hire a U visa law firm or attorney, you can expect personalized attention and support throughout the process. They can answer your questions and provide guidance and support to help ease your concerns.
4. Avoiding Delays: U visa lawyers can help you avoid unnecessary delays in the application process by ensuring that your application is complete and accurate. This can save you time and help you obtain your U visa as quickly as possible.

In addition to these reasons, hiring a U visa lawyer can also help protect you from immigration scams and fraud. Unfortunately, there are individuals who prey on vulnerable victims and offer false promises of assistance with U visa applications. By working with a reputable U visa law firm or attorney, you can avoid these scams and ensure that you receive reliable and trustworthy legal representation.

According to a recent article by Forbes, “working with a licensed U visa lawyer or law firm can help protect you from scams and ensure that your U visa application is filed accurately and completely.”

In conclusion, if you or a loved one is seeking a U visa, it’s important to consider hiring an experienced U visa attorney or U visa law firm to help prepare your case. They can provide you with the knowledge, advocacy, and personalized attention you need to navigate the complex U visa application process and increase your chances of approval.

Citation: Forbes article: https://www.forbes.com/sites/stuartanderson/2021/06/22/dont-be-fooled-by-u-visa-scams/?sh=6ba9f7292d8f 

What Are the Drawbacks of the U Visa?

Disadvantages of the U Visa encompass prolonged processing times and susceptibility to varying discretionary decisions. The extended duration of the application process exposes applicants to potential shifts in enforcement priorities and other policy changes, adding complexity and uncertainty to the U visa journey. Understanding and navigating these challenges are essential for individuals considering the U visa option.

Can I Work While Waiting for My U Visa?

Yes, while your U visa application is under review, USCIS grants a U-visa work permit and deferred action. Although deferred action is not an immigration status, it does authorize you to work legally and provides protection from deportation during the waiting period for the USCIS decision on your U visa application. This allows individuals to maintain employment and legal standing while their case is being processed.

Can I Travel Outside the U.S. with a U Visa?

Yes, you are permitted to travel outside the U.S. with an approved U visa. However, it’s important to note that the duration of your stay outside the country should not exceed 180 consecutive days. If you anticipate a longer absence, obtaining a travel authorization before departing is essential to ensure compliance with U visa requirements. Keeping these guidelines in mind is crucial for individuals with approved U visas who plan to travel internationally.

Duration to Obtain Green Card on U Visa?

U Visa holders can apply to adjust their status to lawful permanent resident (green card) after three years in U nonimmigrant status. Following five years as a lawful permanent resident, individuals become eligible to apply for U.S. citizenship. This timeline outlines the progression towards obtaining permanent residency and eventual citizenship for those granted U visas.

What Are the Benefits of the U Visa?

Upon being granted a U visa, individuals enjoy the following benefits of, lawful status for four years, authorization to work lawfully in the United States, and eligibility to apply for lawful permanent status (“green card”) after three years of being in U visa status. These benefits provide U visa recipients with legal standing, work opportunities, and a pathway towards permanent residency in the United States.

What Crimes Does the U Visa Waive?

Response: The U visa may provide a waiver for certain simple immigration offenses. These offenses include, fraud by seeking to enter the U.S. with false or others’ documents, impersonating a U.S. citizen, returning to the U.S. after a voluntary departure. The U visa’s potential waiver for these offenses is a valuable consideration for individuals seeking relief under this immigration program.