1. Who is eligible to apply for a U Visa?

U visas are available to victims of certain serious crimes who have suffered mental or physical abuse and are willing to help law enforcement authorities investigate or prosecute the criminal activity. To be eligible, an individual must demonstrate that they have suffered substantial physical or mental abuse due to the criminal activity and have information regarding the criminal activity. Individuals must also show that they possess good moral character and, if requested, provide a certification from a qualified agency or official to demonstrate helpfulness in the investigation or prosecution of the criminal activity.

2. How do I prove that I am a victim of a qualifying criminal activity?

The best way to prove that you are a victim of a qualifying criminal activity is to obtain a letter from the relevant law enforcement agency or court. This letter may provide evidence of the criminal activity, including any charges, convictions, or plea agreements related to the criminal case. Additionally, the letter may include information about the impact that the crime had on you and how you were affected by it. If possible, you should also provide other supporting documents such as medical records, police reports, or witness testimony.

3. Is there an age requirement to apply for a U Visa?

Yes, applicants for a U Visa must be at least 18 years old.

4. Can I apply for a U Visa even if I am not currently in the U.S.?

Yes, you can apply for a U visa from abroad. You will need to have been previously present in the U.S., though, and will need to provide evidence of your qualifying U visa status. Additionally, U visa applicants must also submit an Application for Advance Parole (Form I-131) in order to be allowed to reenter the U.S., if approved.

5. What are the eligibility requirements for a U Visa?

In order to qualify for a U visa, the applicant must meet the following eligibility requirements:

1. The applicant must have been the victim of a qualifying criminal activity.

2. The applicant must have suffered substantial physical or mental abuse as a result of the qualifying criminal activity.

3. The applicant must have useful information concerning the criminal activity.

4. The applicant must have been helpful, is being helpful, or is likely to be helpful in the investigation or prosecution of the criminal activity.

5. The criminal activity must have occurred in the United States or violated US laws.

6. How long does it take to process my U Visa application?

The processing time for a U visa application varies depending on the country and the particular case. Generally, it can take anywhere from 6 months to 2 years for a U visa application to be approved.

7. How many U Visas are issued each year?

In 2020, the United States granted 10,000 U Visas for the eighth consecutive year.

8. How will my application be evaluated and what documents are needed?

The application will be evaluated based on the information you provide and the documents you submit. Depending on the type of application you submit, the documents you may need to submit include: a resume, academic transcripts, letters of recommendation, specific forms or essays, and/or other documents related to your application.

9. What are the benefits of having a U Visa?

The primary benefits of having a U Visa are the ability to remain and work legally in the United States for up to four years, and being able to apply for a green card at the end of the four years. U Visa holders are also eligible for certain government benefits, such as work authorization and social security, and may be able to travel outside of the United States without fear of being denied re-entry. Additionally, U Visa holders are eligible to apply for protection from deportation.

10. What is the difference between a U Visa and a Victim of Crime visa (VOC visa)?

A U Visa is a nonimmigrant visa available to victims of certain crimes who have suffered mental or physical abuse and are willing to work with law enforcement and government officials in the investigation or prosecution of the criminal activity. A Victim of Crime visa (VOC visa) is a special form of nonimmigrant visa created to provide foreign victims of certain types of crime with an avenue to remain in the United States until the crime has been fully investigated and adjudicated. The VOC program is similar to the U Visa program, but with some important distinctions. The VOC program does not require a law enforcement certification, does not require that applicants cooperate with law enforcement, and there is no annual limit on the number of visas issued.

11. Can I work in the U.S. with a U Visa?

Yes. U visa holders are eligible to work in the United States. They are also eligible to apply for a green card after three years of continuous presence in the US.

12. Is there an application fee for a U Visa?

Yes, there is an application fee for a U Visa. The application fee is $930 as of 2021.

13. Are any other family members eligible to apply for a U Visa with me?

Yes, other family members may be eligible to apply for a U Visa with you if they are related to you and meet the requirements for U Visa eligibility. For more information on who is eligible to apply with you, please review USCIS’s webpage on how to include family members in a U Visa application.

14. What happens after my U Visa is approved?

After your U Visa is approved, you can apply for a U.S. green card (lawful permanent resident status). The green card will give you the ability to work, travel, and live in the United States. You may also be eligible to apply for citizenship after five years of living in the United States.

15. How long can I stay in the U.S. with a U Visa?

You may be allowed to remain in the United States for up to four years with a U visa. You may apply for an extension if needed.

16. Do I need to be represented by an attorney to apply for a U Visa?

No, you do not need to be represented by an attorney to apply for a U Visa. However, it is highly recommended that you seek legal advice and assistance from an experienced immigration attorney who specializes in U Visas and other forms of relief available to victims of crimes in the United States.

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

If your application for a U Visa is denied, you may file a motion to reopen or reconsider the decision with the immigration court. Additionally, you may have an attorney file an administrative appeal on your behalf if you feel that there are grounds for doing so. If you are unable to obtain relief through these avenues, then you may have to reapply for the U Visa with new evidence or documents.

18. How do I renew my U visa?

You must submit Form I-817, Application for Family Unity Benefits, to the U.S. Citizenship and Immigration Services (USCIS) to request a renewal of your U visa. You will need to provide evidence that you still meet the eligibility requirements for the U visa, such as a certification from a law enforcement agency that you are the victim of a qualifying crime and continue to assist in the investigation or prosecution of the crime. Additionally, you will need to complete biometric services, pay any applicable fees, and submit any required documentation.

19. Can I travel outside the US while my visa is pending?

No, you cannot travel outside the US while your visa is pending.

20. Can I adjust status to permanent residency after getting a U visa?

Yes, you may be able to adjust status to permanent residency after you get a U visa. However, there are several requirements you must meet to be eligible for this. These include having been present in the United States for at least three years after being granted the U visa, having a qualifying relative who is a US citizen or permanent resident, and demonstrating that your presence in the United States is of “exceptional and extremely unusual hardship” to your qualifying relative.