1. What is the U Visa and who qualifies for it?

The U Visa is a nonimmigrant visa available to victims of certain crimes, such as domestic violence, trafficking, and other serious crimes, who have suffered mental or physical abuse and are willing to assist law enforcement or government officials in the investigation or prosecution of the criminal activity. To qualify for a U Visa, an applicant must demonstrate that they have suffered substantial physical or mental abuse as a result of having been a victim of certain specified crimes; that they possess information concerning the criminal activity; and that they have helped, or are likely to help, law enforcement in the investigation or prosecution of those crimes.

2. How can I apply for a U Visa?

To apply for a U Visa, you must fill out the USCIS Form I-918, Petition for U Nonimmigrant Status and submit it along with supporting documents and a payment of $445. In addition, you must submit Form I-918 Supplement B, U Nonimmigrant Status Certification, which must be completed or certified by a qualified certifying agency, such as a law enforcement agency, prosecutor, judge, or other government agency that can verify that you were a victim of certain qualifying criminal activity.

3. Is there an annual limit to the number of U Visas that can be issued?

Yes, the U.S. Citizenship and Immigration Services (USCIS) has a limit of 10,000 U Visas that can be issued each fiscal year.

4. Is there a fee to apply for a U Visa?

No, there is no fee to apply for a U Visa. There is a $445 filing fee to apply for lawful permanent residence after the initial U Visa is granted. This fee may be waived if the individual can demonstrate that they are unable to pay due to financial hardship.

5. How long is a U Visa valid for?

U Visas are valid for four years from the date of approval.

6. Are there any restrictions on the type of work I can do on a U Visa?

The restrictions on the type of work you can do on a U Visa vary from state to state. Generally speaking, however, you are not allowed to work in any law enforcement, national security, or immigration-related jobs. Additionally, some states may restrict certain types of employment such as jobs involving alcohol and/or weapons. You should check with your local U.S. Immigration and Customs Enforcement (ICE) office to determine what restrictions may apply to your situation.

7. Are there any restrictions on travel while on a U Visa?

The U visa does not provide any travel benefit. Holders of the U visa must apply for advance parole if they wish to travel outside the U.S. However, those with pending U visa applications may be able to obtain a travel document from USCIS in order to travel.

8. Can I apply for permanent residence (green card) with a U Visa?

Yes, a U visa holder may apply for permanent residence (green card). Depending on the circumstances, you may need to apply for a waiver of certain grounds of inadmissibility or travel restrictions. It is important to speak to an immigration lawyer before applying for a green card.

9. What rights do I have while on a U Visa?

While on a U Visa, you may be granted permission to work, access public benefits, and remain in the United States for a period of four years. You may also be allowed to apply for permanent residence (green card) status after the three years of continuous physical presence required by the U visa. Additionally, U visa holders may be accompanied or followed by certain family members, including a spouse, children under 21 years of age, and parents.

10. Can my family members also apply for a U Visa?

Yes, family members of U Visa applicants, including spouses, unmarried children under the age of 21, and parents of applicants under the age of 21 at the time of filing may apply for derivative U nonimmigrant status.

11. How long does it take to process a U Visa application?

The processing time for a U visa application can vary, depending on the individual case and the complexity of the process. Generally speaking, it can take anywhere from six months to several years for a U visa application to be processed and approved.

12. What if my application for a U Visa is denied?

If your application for a U Visa is denied, you may be able to appeal the decision or reapply for the visa. It is important that you speak with an immigration attorney about your options before taking any further action.

13. Are there any special requirements for victims of domestic violence applying for a U Visa?

Yes, there are special requirements for victims of domestic violence applying for a U Visa. These requirements include demonstrating that the applicant has suffered substantial physical or mental abuse due to the domestic violence, and that the applicant has information about the criminal activity of their abuser. Additionally, the applicant must have shown good moral character and must not be inadmissible to the United States.

14. Can I get financial assistance while on a U Visa?

In certain cases, you may be eligible for financial assistance while on a U visa. This may include assistance from the U.S. government, state and local governments, non-profits, and private organizations. However, it is important to contact the organizations providing the assistance to confirm that they provide assistance to individuals with U visas.

15. Can victims of human trafficking apply for a U Visa?

Yes, victims of human trafficking can qualify to apply for a U visa, which is specifically designed for victims of certain crimes. According to the U.S. Citizenship and Immigration Services website, victims who have suffered substantial physical or mental abuse due to being a victim of human trafficking may be eligible for a U visa.

16. How can I renew or extend my U Visa?

If you have a U Visa and it is about to expire, you can apply to renew or extend it by submitting Form I-539 to the USCIS. It is important to make sure you submit your application before your U Visa expires. Otherwise, you may lose the ability to stay in the US legally and could be deported.

17. Is there an age limit to apply for a U Visa?

Yes, there is an age limit for U Visas. Applicants must be under the age of 21 or must be a parent or guardian of a child under the age of 21.

18. Can I work as a contractor with a U Visa?

Yes, you can work as a contractor with a U Visa. Your employer must first obtain a labor certification from the US Department of Labor and then file an I-129 Petition for a Nonimmigrant Worker form with USCIS. As long as the petition is approved, you will be able to work as a contractor.

19. Are there any restrictions on where I can live while on a U Visa?

No, there are no restrictions on where an individual can live while on a U-Visa. However, it is important to note that there may be restrictions on when and how you can travel outside of the United States. It is important to consult with an attorney regarding these restrictions before making any plans to travel.

20. Is there any risk associated with applying for a U Visa?

Yes, there is a risk associated with applying for a U Visa. A U Visa applicant must disclose potentially incriminating information to immigration authorities and may face criminal prosecution or deportation if found to have committed fraud or other immigration violations. Additionally, an individual may face delays in obtaining a U Visa due to long wait times and stringent criteria. Finally, depending on an individual’s country of origin, they may face risks associated with returning home.