How to Apply for U Nonimmigrant Visa or Status
- Preparing USCIS Form I-918. ...
- Obtaining Certification of Helpfulness From Qualifying Agency. ...
- Gathering Evidence to Substantiate Your Eligibility and Claim of Injury. ...
- Submitting Petition and Documents to USCIS. ...
- Attending Interview at USCIS or Consular Office. ...
Where can I find information about the U Visa certification process?
This handout is intended to be a quick and convenient resource to address questions and concerns law enforcement might have about the U visa certification process. Additional information for law enforcement agencies about the U and T visas is available on the USCIS website and the USCIS Blue Campaign website.
How do I get a U visa for law enforcement?
To qualify for a U visa, the individual seeking such status must prove to the United States Citizenship and Immigration Services (USCIS) that he/she meets the criteria for a U visa, as specified above. One of the primary ways that a victim may demonstrate law enforcement cooperation is to obtain a signed certification form from the NJSP.
How to apply for a U visa from outside the US?
Whether you are applying from within or outside the US, you must get your petition approved from USCIS to qualify for the U visa. When USCIS approves your petition, you will get a Form I-797, Notice of Action, which you must attach to your documents.
What is a U visa for crime victims?
The U nonimmigrant status (U visa) is set aside for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity.
How long does it take to get au visa certification?
It currently takes up to around six years for USCIS to fully process U visa applications, which includes the agency taking biometrics (photographs and fingerprints), processing all forms and supporting information (such as the Certification of Helpfulness by a qualifying agency), and finally, issuing an approval notice ...
How long are U visa certifications good for?
Is this a normal time frame for validity? o Yes, the VSC may issue U nonimmigrant status for a maximum period of four years under 8 C.F.R. § 214.14(g)(1).
How much does it cost to get a visa U?
How much does it cost to obtain a U visa? There is no fee to apply for a U visa. There is a filing fee of $230 in order to apply for a derivative visa for a family member (Form I-929).
Who qualifies as derivative for U visa?
Parents— A parent will be a qualifying family member if they meet the definition of parent as defined by the relationship to the child. They can be included as a derivative if the U-1 is under 21 years of age when they file their application.
Can I get a work permit while waiting for U visa?
Deferred action is not an immigration status, but it allows USCIS to give you a work permit so you can work legally while you wait for a decision on your U visa.
How long is the U visa waiting list?
In most cases, long wait times are an unfortunate reality when dealing with the United States Citizenship and Immigration Services (USCIS) department. After you submit your application, the U visa waiting time can range between 12 to 18 months.
Does U visa lead to green card?
If you have received a U visa as a victim of a serious crime assisting law enforcement, you might be able to adjust your status to "permanent resident" (and receive your green card) after three years of continuous presence in the United States.
Can I travel with approved U visa?
Once USCIS has approved your U visa application, you may only enter the U.S. with an official visa from the consulate or with advance parole if you have filed your application for lawful permanent residence.
What are the benefits of U visa?
U visa status benefits include the following:Lawful status for up to four years;Work authorization;Derivative benefits for qualifying family members; and.Eligibility to adjust status to a lawful permanent resident after three years.
Is there an interview for U visa?
If your petition is approved, you must undergo consular processing in order to enter the United States on a U visa, which will include an interview with a consular officer at the nearest U.S. Embassy or Consulate who will determine whether you qualify for the U visa.
How long is the U visa backlog?
approximately five yearsUSCIS caps the number of U visas each year at 10,000, even though tens of thousands of applicants apply every year. Once the cap is reached, the remaining applicants are placed on a waiting list. This creates a backlog that stretches back approximately five years.
What happens after my U visa is approved?
After being approved by USCIS, you will receive U "status," which authorizes you to remain in the U.S.—but you will not receive an actual U "visa." A visa is a document in your passport that enables you to enter the United States. Technically, you can obtain a visa only from a U.S. embassy or consulate abroad.
Can U visa get green card?
After three years of continuous presence in the United States, a U visa-holder may apply for an adjustment of status to become a lawful permanent resident. If the petition is successful, the individual will be issued a green card.
What percentage of U visas are approved?
Adjudicative outcomes have remained relatively constant over time: the approval rate is about 84% for principal petitioners (and 83% for derivatives) for petitions submitted in 2014 (the last year for which data are available).
How many U visas are approved each year?
10,000 U visaEach year, USCIS may approve up to 10,000 U visa petitions.
What is the USCIS?
United States Citizenship and Immigration Services (USCIS), the federal agency that adjudicates U nonimmigrant status applications, has made a number of efforts to train law enforcement personnel on the eligibility requirements and process for U nonimmigrant status. USCIS accepts requests for trainings from law enforcement and seems to be very willing to do them when its travel budget allows. Let law enforcement agencies know they can receive such training by sending an email request to t-
Do immigration attorneys work with law enforcement?
Many immigration attorneys and advocates do not have much experience working in partnership with law enforcement on cases. We may even harbor biases or stereotypes about law enforcement that need to be put in check. It is important for immigration advocates to try to perceive certification requests from the perspective of law enforcement agencies who may not trust immigration advocates in their interpretation of the law or may not believe that victims of crime can (or should) qualify for immigration status. Try to find the areas in which the U nonimmigrant status is mutually beneficial to
What is a U visa?
The U visa is an immigration benefit that can be sought by victims of certain crimes who are currently assisting or have previously assisted law enforcement in the investigation or prosecution of a crime, or who are likely to be helpful in the investigation or prosecution of criminal activity . The law enforcement certification USCIS Form I-918, Supplement B, U Nonimmigrant Status Certification (Form I-918B) is a required element for U visa eligibility. Included in this resource is information about U visa requirements, the certification process, best practices, frequently asked questions from law enforcement agencies, and contact information for DHS personnel on U visa issues.
How long can a US citizen live in the US?
If found eligible and a petition is approved, a U visa recipient receives nonimmigrant status to live and work in the United States for no longer than 4 years. Qualified recipients may apply to adjust status to become a lawful permanent resident (green card) after three years of continuous presence in the U.S. while having a U visa. The petitioner will have to meet other eligibility requirements for a green card as well, including the ongoing duty to cooperate with law enforcement and not unreasonably refuse to assist with the investigation or prosecution of the qualifying crime. Additionally, certain immediate family members of U visa recipients may also be eligible to live and work in the United States as derivative U visa recipients based on their relationship with the principal recipient. These family members include:
Can I get a visa if I have a closed case?
Yes , law enforcement can still complete Form I-918B for an investigation or case that is closed. There is no statute of limitations regarding the time frame in which the crime must have occurred. Federal legislation specifically provides that a victim may be eligible for a U visa based on having been helpful in the past to investigate or prosecute a crime. A crime victim could be eligible to receive U visa certification when, for example, the case is closed because the perpetrator could not be identified; a warrant was issued for the perpetrator but no arrest could be made due to the perpetrator fleeing the jurisdiction or fleeing the United States, or has been deported; before or after the case has been referred to prosecutors, as well as before or after trial whether or not the prosecution resulted in a conviction. The petitioner must still meet all the eligibility requirements for a U visa to be approved.
Is a law enforcement certification valid?
law enforcement certification is valid regardless of whether the initial crime being investigated is different from the crime that is eventually prosecuted. As long as the person is a victim of a qualifying criminal activity, that person may be eligible for a U visa. Examples include:
Who decides whether to grant a U or T visa?
The Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS) decide whether to grant a request for a U or T visa. For more information about U and T visas, please visit DHS’s web site at: http://www.uscis.gov/humanitarian/victims-human-trafficking-other-crimes.
When did WHD start certifying U visas?
In 2011, WHD first began to complete U visa certifications, when appropriate, for victims of five qualifying crimes detected in connection with its workplace investigations (involuntary servitude, peonage, trafficking, obstruction of justice and witness tampering). In April 2015, WHD began exercising its authority to certify applications for trafficking victims seeking T visas and added three additional qualifying criminal activities (extortion, forced labor, and fraud in foreign labor contracting) in its certification of U visa requests.
What is a nonimmigrant visa?
U nonimmigrant visas provide legal status to victims of an enumerated list of “qualifying criminal activities” who have suffered substantial physical or mental abuse, and possess information concerning that crime, and who have been, are being, or are likely to be helpful to law enforcement or government officials.
What is a T visa?
T nonimmigrant visas provide legal status to certain victims of human trafficking who assist law enforcement authorities in the investigation or prosecution of trafficking crimes.
What is a U visa?
The U nonimmigrant status (U visa) is set aside for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity. Congress created the U nonimmigrant visa with the passage of the Victims of Trafficking ...
When was the U visa created?
Congress created the U nonimmigrant visa with the passage of the Victims of Trafficking and Violence Protection Act (including the Battered Immigrant Women’s Protection Act) in October 2000. The legislation was intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, ...
How long is a nonimmigrant visa valid?
When U nonimmigrant status is granted, it is valid for four years. However, extensions are available in certain, limited circumstances if the extension is (PDF, 96.74 KB):
How old do you have to be to get a derivative U visa?
If you, the principal, are... Then... Under 21 years of age. You may petition on behalf of your spouse, children, parents and unmarried siblings under age 18.
What is a nonimmigrant U?
U Nonimmigrant Eligibility. You are the victim of qualifying criminal activity. You have suffered substantial physical or mental abuse as a result of having been a victim of criminal activity. You have information about the criminal activity. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, ...
What form do I use to apply for a waiver for a nonimmigrant?
laws. You are admissible to the United States. If you are not admissible, you may apply for a waiver on a Form I-192, Application for Advance Permission to Enter as a Nonimmigrant.
Where to take fingerprints in Vermont?
Follow all instructions that are sent from the Vermont Service Center, which will include having your fingerprints taken at the nearest U.S. Embassy or Consulate.
How to Apply for the U visa?
When applying for a U Visa, you will need to complete a few main steps, in order to get the visa. These steps are as listed and clearly explained below:
What is the U Visa?
U Visa is a US non-immigrant for victims of criminal activity who have suffered mental and physical abuse. It is designed for two reasons:
What Are the Benefits of the U Visa?
Those victims who are granted U visa status have the right to remain in the US for the period that their visa is valid. They become legal non-immigrants and have the following rights:
How Much Does it Cost to Apply for a U Visa?
Since this applies to victims of crimes and violence, the application procedure is free of charge. There are no fees to apply for, but there are fees for filing some of the forms. However, to avoid these fees, you can file for a waiver by sending in a written request or Form I-912, Request for Fee Waiver.
How Long Does it Take to Process U visa?
Unfortunately, the U visa takes quite some time to process. It can take from 12 to 18 months for the U visa to be processed and approved.
Can I Apply for a Green Card With a U visa?
When you have a U visa for 3 years, you are eligible to apply for a Green Card. To be eligible for US permanent residence, besides having the U visa for 3 years, you must also have complied with US law enforcement requests. So you must have shared all information regarding the crime to the police and not withheld anything.
What is the Difference With the T Visa?
The main difference between the T visa and the U visa is that the T visa is issued specifically to victims of human trafficking, while the U visa is for victims of any serious crime.
What form do I use to apply for a waiver of inadmissibility?
If your qualifying family member is inadmissible, an application for a waiver of inadmissibility on Form I-192, with appropriate fee or request for a fee waiver.
What is the bona fide determination process for nonimmigrant status?
Alert: On June 14, 2021, USCIS implemented a bona fide determination process for U nonimmigrant status principal petitioners and qualifying family members. Under this process, if you live in the U.S., you may receive employment authorization and deferred action if you have a pending bona fide petition for U nonimmigrant status (Form I-918) and warrant a favorable exercise of discretion. USCIS will evaluate any qualifying family members’ petitions once the principal petitioner receives employment authorization and deferred action. If you have not yet filed an accompanying application for employment authorization (Form I-765) and we determine your pending Form I-918 petition is bona fide, we will issue you a notice informing you to file a Form I-765. Please follow the instructions provided in that notice to file a Form I-765 associated with the bona fide determination. For more information on the bona fide determination process, please visit the USCIS Policy Manual.
Can I apply for an EAD if I don't receive an employment authorization?
Petitioners for U nonimmigrant status and derivatives in the U.S. who are granted deferred action under this provision can apply for an EAD based on deferred action. We will only approve these EADs after DHS has deferred action in your case, regardless of when you file Form I-765.
Can you leave a space blank on a USCIS form?
Alert: USCIS will not automatically reject your form if you leave a space blank. However, we may reject your form or your case might take more time if you leave required spaces blank, if you do not respond to questions related to filing requirements, or if you omit any required initial evidence, as indicated in the form instructions or regulations.
Do I need to file an I-765?
You do not need to file a separate Form I-765 , Application for Employment Authorization. Derivative U Nonimmigrants: If you reside inside the U.S., you are authorized to work once we approve the derivative petition for U nonimmigrant status. However, you will not automatically receive an EAD.
Do you need to pay for biometrics?
Biometrics services may be required at no cost to you.
Do I need biometrics for I-918?
Biometrics services may be required at no cost to you. Checklist of Required Initial Evidence (for informational purposes only) Please do not submit this checklist with your Form I-918. It is an optional tool to use as you prepare your form, but does not replace statutory, regulatory, and form instruction requirements.
