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.
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)