What is an U Visa?

An U visa is a nonimmigrant visa created by Congress in 2000 for victims of certain qualifying criminal activities who have suffered mental or physical abuse, and who are helpful to law enforcement or government officials in the investigation or prosecution of the criminal activity. In order to be eligible for an U visa, applicants must demonstrate that they were victims of a qualifying criminal activity including rape, torture, trafficking, domestic violence, sexual assault, abduction, and other felony crimes. Additionally, applicants must demonstrate that they suffered substantial physical or mental abuse as a direct result of the qualifying criminal activity, and demonstrate how they were helpful to law enforcement or government officials in the investigation or prosecution of the criminal activity. Once approved for an U visa, the applicant is able to remain lawfully in the United States for four years and may eventually qualify for permanent residence.

Who Qualifies for U Visa?

In order to qualify for a U Visa, applicants must meet a number of requirements. First, the applicant must be the victim of a qualifying criminal activity. This includes certain types of physical and mental abuse, including rape, torture, trafficking, aggravated assault, female genital mutilation, involuntary servitude, false imprisonment, hostage situations, extortion and more. The crime must have occurred within the United States or violated U.S. laws.

Second, the applicant must have suffered substantial mental or physical abuse as the result of the criminal activity. This can include physical injury or psychological trauma.

Third, the applicant must have information about the criminal activity and be willing to assist government officials in its investigation or prosecution. This means providing law enforcement with information about the crime and/or cooperating with them in criminal proceedings related to the crime.

Fourth, the qualifying criminal activity must have violated a U.S. law or have occurred within the United States.

Finally, applicants must demonstrate that they are either: (1) a spouse or child of a U.S. citizen or lawful permanent resident; (2) a parent of a child who is a U.S. citizen; (3) a person who has been granted withholding of removal; (4) a lawful permanent resident; or (5) an applicant for asylum status.

How to Apply for U Visa?

Applying for a U visa can be a complex process, especially when done without the help of an experienced attorney. The first step is to complete Form I-918, Petition for U Nonimmigrant Status. This is a complicated form that requires extensive documentation and evidence of the applicant’s eligibility for the visa. The documentation required includes evidence of the applicant’s identity, current immigration status in the United States, and evidence that they were the victim of a qualifying criminal activity. This can include police reports, court documents, medical records, affidavits from witnesses, and any other relevant documentation to support the claim.

Once the form is completed, it must be filed with U.S. Citizenship and Immigration Services (USCIS). Along with the petition, the applicant must submit any applicable fees, copies of all supporting documents, and Form I-918 Supplement B, Declaration of Law Enforcement or Prosecutorial Official for Victim of Qualifying Criminal Activity.

After USCIS receives the petition and supporting documents, they will review the application and notify the applicant of their decision by mail. If the application is approved, an applicant will receive Form I-797C Notice of Action once their petition is approved. They will then be eligible to pursue other immigration benefits including work authorization and permanent residence (green card).

Given the complexity of this process, it is highly recommended that applicants seek legal assistance from an experienced immigration attorney who can provide assistance throughout the process. A qualified immigration lawyer will be able to ensure all forms and documentation are properly completed and submitted as well as provide valuable guidance on how to navigate through this process.

What is the U Visa Interview Process?

The U visa interview process is a crucial step in the U visa application process. The interview is conducted by an immigration officer at the U.S. Citizenship and Immigration Services (USCIS) office. The purpose of the interview is to verify the information provided in the U visa application and determine the applicant’s eligibility for a U visa.

The applicant must bring certain documents with them to the interview, including the original U visa application, passport, photo identification, and any additional documents requested by USCIS. During the interview, the immigration officer will ask questions about the applicant’s background, including their identity, nationality, current address, family history, and criminal record. The officer may also ask about any other details related to the application for U visa status.

It is important for applicants to answer all questions truthfully as lying during a U visa interview can result in a denial of the application or even criminal prosecution. After the interview has been completed, the immigration officer will decide whether to approve or deny the application. If approved, the applicant will receive their U visa within a few weeks.

What are the Required Documents for U Visa?

The following documents are required in order to apply for a U visa:

1. A signed and completed Form I-918, Petition for U Nonimmigrant Status.

2. A written certification form signed by a law enforcement official or prosecutor, on Form I-918, Supplement B, confirming that the applicant has been helpful in the investigation or prosecution of a criminal activity.

3. Documentation that the applicant has suffered substantial physical or mental abuse as a result of the qualifying criminal activity. This can include medical records, police reports, court records, etc.

4. An affidavit from the applicant explaining the details of the qualifying criminal activity and how they have suffered as a result, or from a third party with personal knowledge of the events.

5. Proof of identity and nationality, such as a passport or birth certificate.

6. A copy of any other immigration documentation that may be applicable, such as an Employment Authorization Document (EAD) or other forms of lawful immigration status.

7. Documentation to show the applicant’s residence in the United States at the time of filing, such as utility bills or lease agreements.

8. Two passport-style photos of the applicant taken within 30 days of filing.

What is the U Visa Fee?

The U Visa fee is $445. This fee is required to apply for the U Visa and is payable to the U. S. Department of Homeland Security (DHS). The fee includes a $190 filing fee, a $85 biometric services fee, and a $170 fraud prevention and detection fee.

What is the U Visa Processing Time?

The time it takes for USCIS to process a U Visa application can vary greatly depending on the circumstances. Generally, USCIS will process U Visas within four to six months. However, processing times may be longer if further review or background checks are necessary. It is important to note that U Visa applications are processed on a case-by-case basis and processing times may vary significantly based on individual circumstances. Additionally, USCIS has indicated that they are currently experiencing delays in processing U Visa applications due to the high volume of applications they are receiving. As such, applicants should anticipate additional delays in processing their applications.

U Visa Frequently Asked Questions

1. What is an U visa?

An U visa is a nonimmigrant visa that is available to certain victims of certain qualifying criminal activities who have suffered mental or physical abuse and are willing to assist law enforcement and government officials in the investigation or prosecution of the criminal activity.

2. Who is eligible for an U visa?

In order to be eligible for an U visa, you must have information about the criminal activity and you must be willing to provide assistance to law enforcement officials in the investigation or prosecution of the criminal activity. In addition, you must have suffered substantial physical or mental abuse as a result of the criminal activity.

3. How long does it take to process an U visa application?

The processing time for an U visa application can vary greatly and is dependent on several factors, such as the complexity of the case and the backlog of applications that have already been received by U.S. Citizenship and Immigration Services (USCIS). Generally, it can take anywhere from four months to one year for USCIS to process an U visa application.

4. What documents do I need to apply for an U visa?

You will need to submit a completed Form I-918. You will also need to submit supporting documents that prove your identity and your eligibility for the U visa. This may include documents such as legal documents, written statements from witnesses, police reports, medical records, and more.

5. Can I work while I am in the United States on a U visa?

Yes, you may be able to work while you are in the United States on a U visa. After you receive your U visa, you may apply for work authorization from USCIS by submitting Form I-765 along with supporting documentation.