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U Visas

U-visas visas are for victims of a crime or criminal activity. If you think you qualify for a U-visa, contact our office to explore your immigration options.

What is A U-Visa?

In October of 2000, Congress established the U nonimmigrant visa with the passage of the Victims of Trafficking and Violence Protection Act. The U visa is for those individuals who have been victims of criminal activity and who suffered mental and/or physical abuse as a result. This visa is intended to protect and assist the victims of criminal activities, as well as help them obtain a path to lawful permanent residency and citizenship. It also is intended to assist authorities in their investigation and prosecution of crimes.

Click the U-visa category below to learn more about:

Who is eligible for a U-Visa?

Victims of a qualified crime or of criminal activity who suffered significant physical and/or mental abuse, and who have information about the crime.
The individual must also have been, are being, or will be helpful and cooperative in providing this information to law enforcement agencies.
The qualifying crime must have been committed in the United States or violated United States laws.
Family members are also eligible for derivative U- visas. The age of the principal petitioner determines which family members are eligible. For principal petitioners under the age of 21, eligible family members include their spouse, children, parents, and any siblings who are unmarried and are under 18 years of age. For principal petitioners over the age of 21, only their spouse and children are eligible for derivative U visas.

What are the qualifying crimes and criminal activities?

The USCIS website lists several activities that qualify an individual to petition for a U visa. This list is not exhaustive, as it also includes crimes that are similar in nature to the ones listed and includes any attempts, conspiracies, or solicitations to commit the crimes.

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 Related Crimes

How to apply for a U visa

To petition for a U visa, applicants must submit the following forms and evidence:

Form I-918; Petition for U Non-immigrant Status
Form I-918; Supplement B, U Non-immigrant Status Certification:
- This form must be completed and signed by an authorized official in a certifying law enforcement agency. This official must be able to confirm that the petitioner has been or will be cooperative and helpful in the investigation of the case.

Form I-918; Supplement A, Evidence to Establish Derivative U Non-immigrant Status:
- If the petitioner has any family members who are eligible for derivative petitions, a separate I-918A must be filed for each individual.

Supplemental Evidence:
A personal statement outlining the details of the crime or criminal activity and victimization is required.
Any additional evidence that supports the petitioner’s claim of substantial mental and/or physical abuse.

All applications and forms must be submitted with the USCIS Vermont Service Center.

What if I'm Overseas?

If an individual who is eligible for U non-immigrant Status is living outside the United States, they may still be eligible for a U visa.

If an individual already has a U visa, it is generally advised against traveling outside the U.S., since they will have to apply for a U visa at U.S. Embassy or Consulate for re-entry to the United States. It may also cause problems later if the individual wishes to obtain a Green Card, since one of the requirements for a Green Card is that they remain physically in the United States for a period of three continuous years after obtaining their U visa. For this reason, it is important to talk to an experienced immigration lawyer before traveling outside the U.S.

Contact the Law Office of Lindsey J. Harris for more questions about living abroad and seeking a U visa or traveling abroad with a U non immigrant status. Click on the link for more details: https://shorelineimmigration.com/

How long is a U-visa valid?

Once a petition for a U visa has been approved, it is valid for four years. There are, however, extensions that may be available to those who qualify. This includes situations in which:

Law enforcement requests an extension
Exceptional circumstances
Delays in consular processing
U visas are automatically extended if there is an application pending for an adjustment of status (green card)

Do you need to speak with a Lawyer?

Shoreline Immigration lawyers are avaliable to answer your questions about the U Visarelief visa. Give us a call or fill out a contact us form to schedule a consultation today.

Questions about a U Visa?

Call us, we have the answers!

Is there a limit on how many U visas are granted?

Yes. The limit of U visas granted each year is 10,000. This cap does not, however, include derivative family members. There is currently a large backlog of cases waiting to be processed and put on a waiting list for approval or denial.

What is the U Nonimmigrant Bona Fide Determination?

Because of the backlog of U visa petitions waiting to get on a waiting list for approval or denial, USCIS has created the U Nonimmigrant Bona Fide Determination (BFD) to help individuals gain deferred action and employment authorization (EAD) while waiting for their cases to be processed. The BFD applies to all I-918 or I-918A petitions that are currently pending, and those who submit a petition after June 14, 2021.

How will USCIS determine whether a U visa petition is Bona Fide?

USCIS will determine whether a U petition is Bona Fide by establishing that the principal petitioner has properly filed a complete and signed I-918 application. This must include the I-918 Supplemental B law enforcement certification that must be signed no more than six months prior to the submission of the case and a personal statement recounting the events of the crime and the victimization. The petitioner must also be living within the United States. Those outside the United States will not be eligible for deferred action nor a work authorization permit. Furthermore, if the BFD is denied for any reason, their family members, or derivatives, will also be ineligible. A background and security check will also be issued to ensure that the petitioner is not a risk to national security or public safety.

If I am on a wait list to receive a U visa, am I eligible for employment?

Yes. If the cap has been reached and you are put on a waiting list, you may be eligible to apply for employment authorization while you wait for approval. Contact an immigration attorney today to find out if you may be eligible for work authorization while your U visa case is pending.

Can I travel if my U visa is pending?

It is not advisable to travel outside the U.S. while your U visa case is pending, or even after you are approved for a U visa. If you must travel for emergency purposes, contact an immigration attorney prior to making travel arrangements. A qualified immigration attorney can best advise you on the risks of traveling with a pending or approved U visa.

What happens if my U visa case is denied?

It may be possible to appeal the decision, depending on the reason for denial. Contact an experienced immigration attorney as soon as possible to determine the best course of action.