Applying for a U Visa

U Visa: Frequently Asked Questions

1. What is a U Visa?
A U Visa is a special type of visa granted to 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 criminal activity. It provides temporary legal status in the U.S. and can lead to a green card.

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2. Who qualifies for a U Visa?
To qualify for a U Visa, you must meet the following criteria:

• You have been a victim of a qualifying crime.

• You have suffered substantial physical or mental abuse as a result of the crime.

• You possess information about the crime.

• You are willing to cooperate with law enforcement or government officials in the investigation or prosecution of the crime.

• The crime occurred in the U.S. or violated U.S. law.

3. What types of crimes qualify for a U Visa?
Qualifying crimes for a U Visa include, but are not limited to:

• Domestic violence

• Sexual assault

• Kidnapping

• Human trafficking

• Felonious assault

• Witness tampering

• Blackmail, extortion

• Involuntary servitude, slavery

• Other related crimes involving substantial abuse

4. What are the benefits of a U Visa?
A U Visa provides the following benefits:

• Legal status in the U.S. for up to four years

• Employment authorization (a work permit)

• The ability to apply for a green card after three years of continuous presence in the U.S. with a U Visa

• The possibility to include certain family members (spouse, children, and in some cases parents or unmarried siblings under 18) as derivative beneficiaries

5. What is the process for applying for a U Visa?
The U Visa application process involves several steps:

• Filing Form I-918, Petition for U Nonimmigrant Status.

• Obtaining a law enforcement certification by filing Form I-918, Supplement B. This form must be completed and signed by a law enforcement official confirming that you have been helpful in the investigation or prosecution of the crime.

• Submitting evidence of the qualifying crime and the harm you suffered, along with personal statements and documentation supporting your case.

6. How long does it take to get a U Visa?
Processing times for U Visas are lengthy due to high demand and the annual cap on the number of U Visas issued (10,000 per year). On average, it can take several years for a U Visa to be approved. However, once your application is approved, you may be eligible for deferred action, which allows you to remain in the U.S. and obtain work authorization while waiting for your U Visa.

7. What happens if I am approved for a U Visa?
Once you are approved for a U Visa, you will be granted nonimmigrant status for up to four years. You will also be eligible for work authorization. After three years of continuous residence in the U.S. with a U Visa, you can apply for a green card (lawful permanent residency).

8. Can my family members apply for U Visas with me?
Yes, certain family members may be eligible for derivative U Visas:

• If you are under 21, you can include your spouse, children, parents, and unmarried siblings under 18.

• If you are 21 or older, you can include your spouse and children. Family members must submit their own U Visa applications and supporting documents.

9. What happens if my U Visa is denied?
If your U Visa application is denied, you may be placed in removal (deportation) proceedings if you are not otherwise legally present in the U.S. However, having an experienced immigration attorney can help strengthen your case, minimize the risk of denial, and explore other legal options that may be available to you.

10. How can our law firm assist with your U Visa application?
Our firm has extensive experience assisting crime victims in applying for U Visas. We understand the emotional and legal complexities involved and will guide you through every step of the process. We will help gather evidence, obtain law enforcement certification, and ensure that your application is filed correctly. With our expertise, we can also help you explore options for family members and future pathways to permanent residency.