You are eligible for a U visa if you have been the victim of a crime in the United States. This visa allows victims of some crimes to remain in the US and must have suffered serious physical or mental abuse as a result of the crime and be ready to cooperate with law enforcement agencies in the prosecution of the crime. The purpose of this post is to provide an overview of the U visa and how to apply.
What is a U Visa?
The U visa is a nonimmigrant visa category created by the US Congress in year 2000. It allows certain victims of crimes (and their immediate family members) who are suffering from mental or physical abuse and will assist law enforcement agencies in the investigation or prosecution of the criminal activity to remain in the United States to help with the investigation or prosecution.
The U visa provides protection for victims by granting them citizenship in the United States. Also, the US law enforcement can support them in their fight against the criminal offenses.
USA U Visa Eligibility
To be eligible for a U visa, the person must:
- Be the victim of a qualifying criminal activity.
- Be suffering from physical or mental abuse as a result of been a victim of the qualifying criminal activity.
- Have information about the qualifying criminal activity.
- Be willing to provide information to law enforcement about the qualifying criminal activity.
- Have law enforcement certify that the victim has been, is being, or is likely to be helpful in the investigation or prosecution of the crime.
- Not be a convict of a crime that’s in relation to the qualifying criminal activity.
The U visa is valid for four years and you can ask for renewal. After three years in the United States, holders of a U visa may be eligible to apply for a green card.
What Crimes Qualify You for U Nonimmigrant Status?
As stated above, to be eligible for a U nonimmigrant visa, you must be a victim of abuse under the qualifying criminal activity. You must also be available and cooperate with law enforcement in bringing the culprit to book. In addition, the particular crime must have taken place in the United States or violated U.S. laws.
The qualifying criminal activities include: rape, torture, trafficking, incest, domestic violence, sexual assault, abusive sexual contact, prostitution, sexual exploitation, female genital mutilation, being held hostage, peonage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, blackmail, extortion, manslaughter, murder, felonious assault, battery, stalking, torture, trafficking, and other similar activities.
What are the Benefits of the U Visa?
As a U Visa legal holder, you are accrued some benefits throughout your stay in the United States. The visa provides many benefits to victims like:
- The non-immigrant visa also allows family members of the victim to remain in the United States. (eg. spouse or child)
- The U visa allows victims of crimes to remain in the United States to assist in the investigation or prosecution of the criminal activity.
- work authorization; with validity of up to four years
- access to certain social services; such as healthcare and counseling
When I apply for a U visa, can my family members also get U visas?
You may file a petition on behalf of your spouse, your children (unmarried and under 21), and your parents if you are the primary victim and meet the other qualifying conditions. If you are the direct victim, you can file a petition for your spouse and your underage children.
If you applied for a U visa but went on to marry, you can still add your husband or wife as a derivative. You can also include your new spouse’s children who were below the age of 18 when you married.
Every victim constitutionally earns the Employment Authorization Document (EAD) immediately after being granted U status. The person does not need to submit Form I-765.
With the EAD, U visa holders can work in any certified company and can work both full-time and part-time. Furthermore, they are not required get employment immediately, as the EAD permits them the right to work whenever they want or feel capable.
Required Documents For U Visa Application
You must submit the following documents at the time of your application:
- Form I-918 and application for U Non-immigrant Status.
- U Non-immigrant Status Certification and Form I-918
- A personal statement outlining your situation, the crime you were a victim of, and the abuse you have endured in the process.
- Court and police documents indicating that you were a victim of the crime
- Medical documents hospitals proving that you have suffered physical or mental abuse as a result of the crime. This could include clear pictures or affidavits.
- One photograph for a US Visa
- Proof of Identity such as a valid passport or birth certificate.
- If you are inadmissible because of previous immigration violations, you must file and have an approved Form I-192.
- Confirmation page for the DS-160.
How to Apply for the U visa
Some steps must be followed when applying for a U Visa. These steps are as follows:
1) Download, fill and submit the online application Form DS-160.
2) Gather all necessary documents and submit them at the US embassy.
3) After submitting your application, the embassy will review and process it if it meets the requirements. You will get approval if you meet the criteria and if there yearly quota of 10,000 haven’t been used.
4) The result of your application will be come with a Form I-797 and notification of action. They are to be carried along during interview.
Frequently Asked Questions
Is there an interview for U visa?
If your application result comes with approval, you must go through an interview with a consular official at the U.S. Embassy or Consulate which is the last step to confirm if you are truly eligible for the U visa.
How Much Does it Cost to Apply for a U Visa?
The application process is free as it’s available for victims of crimes and violence. Although some of the supporting forms requires some payment be.
What percentage of U visas are approved?
Success Rate for U Visas: According to the USICS, the approval rate for primary petition filed of U visas is 87%.
How Long Does it Take to Process U visa?
Your application will go through processing by USCIS after you submit it. The application process and approval can take between 12 and 18 months.
Conclusion
If you have been victim of a crime, and you want to help law enforcement investigate or prosecute that crime, the U visa is a good option. The U visa gives victims the ability to live and work in the United States for up to four years, and it also provides a path to permanent residency. Following the guideline on this page, you’re certain to get approval.
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