1. What is the U Visa?

The U Visa is a form of relief available to certain victims of crime in the United States, including victims of domestic violence, sexual assault, human trafficking, and other violent crimes. It provides victims with the ability to stay in the United States legally for up to four years and to apply for a green card after three years.

2. Who is eligible for a U Visa?

U Visas are available to those who have suffered substantial physical or mental abuse due to certain criminal activities, and have been helpful in the investigation or prosecution of those crimes. The qualifying criminal activities for a U Visa include domestic violence, sexual assault, involuntary servitude, trafficking, false imprisonment, extortion, and other related crimes. To be eligible for a U Visa, the applicant must prove that they have suffered substantial physical or mental abuse as a result of being the victim of one of these criminal activities. They must also demonstrate that they have provided law enforcement with information about the crime or have been helpful in the investigation or prosecution of the crime.

3. What types of criminal activity qualify for a U Visa?

A U Visa is a form of relief provided to noncitizens who are victims of certain types of criminal activity. To qualify, applicants must have been a victim of qualifying criminal activity, have suffered substantial physical or mental abuse as a result of the activity, and have information about the criminal activity that is helpful in the investigation or prosecution of the criminal activity. Qualifying criminal activities include but are not limited to rape, torture, trafficking, incest, domestic violence, sexual assault, abusive sexual contact, prostitution, sexual exploitation, female genital mutilation, being held hostage, kidnapping, false imprisonment, peonage (modern-day slavery), blackmail, extortion, manslaughter, murder, solicitation to commit any of the above crimes, and any similar activity.

4. How long does it take to receive a U Visa?

The U visa application process can take anywhere from 6 months to several years. Once a U visa application is approved, it generally takes 2 to 3 months for USCIS to issue the physical U visa.

5. Are there any fees associated with filing a U Visa application?

Yes, there are fees associated with filing a U Visa application. The filing fee for the Form I-918, Petition for U Nonimmigrant Status, is $460. Additionally, applicants must pay an $85 biometric services fee when they submit their applications.

6. Is employment authorization available with a U Visa?

Yes, employment authorization is available to those who have been granted a U visa. This authorization allows foreign nationals to lawfully work in the United States for up to four years.

7. Are there any restrictions on the type of employment authorized with a U Visa?

Yes, there are restrictions on the type of employment authorized with a U Visa. The only eligible employment for a U Visa holder is employment related to the original qualifying criminal activity.

8. Is there an age limit on eligibility for a U Visa?

No, there is no age limit on eligibility for a U Visa. However, applicants must be able to demonstrate that they have suffered substantial physical or mental abuse as a result of having been a victim of a qualifying criminal activity.

9. What evidence do I need to provide to qualify for a U Visa?

In order to qualify for a U visa, you will need to provide evidence that you have been the victim of a qualifying criminal activity in the United States, that you have suffered substantial physical or mental abuse due to that criminal activity, and that you have information about the criminal activity. You will also need to provide evidence of your identity and your helpfulness to law enforcement in the investigation or prosecution of the crime. This can include sworn affidavits, police reports, court documents, or other relevant documents.

10. How long can I stay in the US with a U Visa?

A U visa generally allows a person to remain in the U.S. for up to four years, although it may be extended beyond that time if necessary. After the initial four-year period, the U visa holder may qualify for a green card.

11. Can I travel with a U Visa?

Yes, U visa holders may travel abroad with advance parole. To apply for advance parole, you must submit Form I-131 to U.S. Citizenship and Immigration Services (USCIS).

12. Can I bring family members with me to the US on a U Visa?

Yes, family members may be able to come to the US with you on a U visa. A family member can apply for a derivative U visa if they are the spouse, parent, or unmarried child under 21 years old of the principal U visa applicant.

13. Does a U Visa provide any additional benefits?

Yes, in addition to providing protection from deportation and the ability to work in the United States, a U Visa also provides other benefits such as: eligibility for certain types of public benefits, access to social services, eligibility for certain types of state and federal benefits, and eligibility for a green card.

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

If your application for a U visa is denied, you may be eligible to appeal the decision. The appeal must be filed within 33 days of the denial. Appealing a denied U-visa application is a complex process that requires experienced legal assistance.

15. Can I extend my stay beyond what is authorized by my U Visa?

Yes, you can apply to extend your stay beyond what is authorized by your U Visa. To do this, you must file Form I-539, Application to Extend/Change Nonimmigrant Status with U.S. Citizenship and Immigration Services (USCIS). USCIS will review your application and decide whether to grant an extension.

16. Will I need to renew my status in the US if I have a U Visa?

Yes. U nonimmigrant status is generally valid for up to four years. To remain in the United States beyond the four-year U nonimmigrant status period, U principal and derivative applicants may apply to USCIS to renew their U nonimmigrant status.

17. What are the security checks required for the issuance of a U Visa?

In order to be able to obtain a U visa, the applicant must have:
1. Been the victim of qualifying criminal activity
2. Possess information about the criminal activity
3. Have suffered substantial physical or mental abuse as a result of the criminal activity
4. Have been helpful, been or is likely to be helpful to law enforcement in the investigation or prosecution of the criminal activity
5. Have not been convicted of certain crimes
6. Not have committed any act of criminal activity
7. Been lawfully present in the United States at the time of application or
8. Have been admitted to the United States at least three years prior to filing the U visa petition
9. Be admissible to the United States, or have applied for a waiver or have already received a waiver of inadmissibility
10. Pass a background check and have no prior immigration violations

18. Are there any waivers available if I don’t meet all the requirements for a U Visa?

Yes. Certain waivers may be available if an applicant does not meet all the requirements for a U Visa, such as if they have a criminal history or participated in certain criminal activities. However, waivers are granted on a case-by-case basis and each applicant should discuss their particular situation with an immigration attorney.

19. Can I apply for permanent residence after obtaining a U Visa?

Yes, it is possible to apply for a green card after obtaining a U visa. However, it can take up to 10 years to become a permanent resident.

20. Are there any restrictions on how long I can stay in the US with a U Visa?

Yes, individuals with a U visa are only allowed to remain in the US for up to four years. After four years, they must apply for an extension or depart the United States.