what crimes qualify for u visa

^{While immigration officials are sympathetic to the needs of victims of any crimes, US immigration law specifically designates 28 crimes that qualify for a U visa:}

• Abduction
• Abusive sexual contact
• Blackmail
• Domestic violence
• Extortion
• False imprisonment
Female genital mutilation
Felonious assault
Fraud in foreign labor contracting
Hostage-taking
Incest
Involuntary servitude
Kidnapping
Manslaughter
Murder
Obstruction of justice
Peonage
Perjury
Prostitution
Rape
Sexual assault
Sexual exploitation
Slave trade
Stalking
Torture
Trafficking
Witness tampering
Unlawful criminal restraint

Does attempted robbery qualify one for an U visa?

Robbery is not listed as a qualifying crime for the U Visa. There are many victims, however, who are victims of crimes that were charged as and reported and investigated as armed robberies.

What are the required you visas for victims of crime?

U-Visa requirements To be approved for a U-Visa, the following must be true:

• You are the victim of a certain type of crime. ...
• You have already been helpful or will be helpful in solving the crime and prosecuting the criminals.
• You have information about what the criminals did. ...
• You have suffered serious mental or physical harm because of the crime.
• The crime happened in the U.S. ...
• You are admissible to the U.S. ...

What is a qualifying crime?

“Qualifying crime or qualifying criminal activity includes one or more of the following or any similar activities in violation of Federal, State or local criminal law of the United States: .

What are the requirements for an you visa?

Requirements for USA Work Visas. Depending on the US work visa type you apply for, you might have to submit some of the following documents: Proof you meet the qualifications (diplomas and certifications) Proof of professional degree (Bachelor, Master, Doctorate) Job offer from a US employer. Resume or CV.

Is robbery a qualifying crime for U visa?

Although robbery is not specifically enumerated in the U visa statute, robbery is a category of criminal activity or behavior that is a qualifying criminal activity for the purposes of U visa status.

Does simple assault qualify for U visa?

Qualifying Criminal Activities In general, assisting the government in investigating or prosecuting violent crimes makes a person eligible for a U visa. For instance, domestic violence, whether it is aggravated or simple assault, will likely qualify.

How do you prove substantial harm for U visa?

You can show this through your personal statement and through supporting evidence, such as medical reports, declarations from mental health providers, and statements from professionals or friends or family who have helped you since the crime.

What disqualifies you from getting AU visa?

Sexual crimes: rape, incest, sexual trafficking, sexual assault and abusive sexual contact, prostitution, sexual exploitation, and female genital mutilation. Obstruction of justice crimes: perjury, witness tampering, withholding evidence.

Can U visa be denied?

Only USCIS may grant or deny a U visa after a full review of the petition to determine whether all the eligibility requirements have been met and a thorough background investigation. An individual may be eligible for a U visa if: He/she is the victim of qualifying criminal activity.

What is felonious assault for U visa?

Although the U Nonimmigrant statute does not list Aggravated Assault as a qualifying crime, it lists "felonious assault" which encompasses any crime of assault that is a felony. Therefore, the applicant can be correctly classified as victim of felonious assault.

How long does it take to get U visa approved?

After you submit your application, the U visa waiting time can range between 12 to 18 months. However, this process can be prolonged if you fail to correctly fill out the application or are required to submit additional documentation.

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 much does a visa U cost?

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).

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).

What happens if visa U is denied?

If USCIS denies your request for a U visa, then your status is still the same as it was before you applied. This means that if you are in the country without legal documentation, you are at risk for being detained and deported.

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.

Can you get a Green Card if you witness a crime?

U.S. immigration law allows noncitizens who have been victims of certain crimes and granted U nonimmigrant status (U visa) to become lawful permanent residents (get a Green Card). To qualify for a Green Card as a crime victim, you must have U nonimmigrant status and meet certain eligibility requirements.

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 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.

What happens after 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.

What are the different types of visas?

USCIS awards U visas according to the following classification schedule: 1 U-1 for the victim 2 U-2 for the victim’s spouse 3 U-3 for the victim’s children 4 U-4 for the victim’s parents 5 U-5 for the victim’s unmarried siblings under age 18

What is the form for nonimmigrant status?

As you are working to obtain your status certificate, you and your attorney will also begin to work on your actual application for U nonimmigrant status— Form I-918. This will include a personal statement that describes the criminal activity of which you were a victim, evidence to support your case, and a number of personal identification and travel documents to establish your eligibility. When your application is complete, you will submit the packet to the USCIS Vermont Service Center.

What is the requirement for a U visa?

Being the victim of a qualifying crime who has suffered substantial physical or mental abuse isn’t the only requirement for a U visa. In order to qualify for U nonimmigrant status, the victim must possess valuable information on the criminal activity and actively assist law enforcement, judges, and prosecutors in the investigation and prosecution of the case. A key piece of the U visa application packet is the “certificate of helpfulness” from law enforcement, and officials will want to see evidence that the victim will continue to be helpful.

How long does it take to get a U visa?

USCIS only issues 10,000 U visas each year, and the current processing time is approximately 47 months, so you’ll need an experienced attorney to push your case through in a timely manner.

What is the I-918 Supplement B?

Once you have proven to be helpful, or at least that you can be helpful, your attorney will have an authorized official sign Form I-918 Supplement B, U Nonimmigrant Status Certification . This certificate is the bedrock of your U visa application, so it’s essential that the authorizing official fully endorses your candidacy for a visa and you have evidence to prove your helpfulness.

How long does it take to get a green card?

While processing times vary from case to case, the approval process typically takes 12 – 19 months. As with the initial U nonimmigrant visa application, it’s important to work with an immigration attorney when applying for a green card.

What is the form to file for a waiver of inadmissibility?

You can do this by filing Form I-192, Application for Advance Permission to Enter as Nonimmigrant.

Who can possess information about a crime?

If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may possess the information about the crime on your behalf (see glossary for definition of ‘next friend’).

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 ...

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.

What age can you be helpful to law enforcement?

You were helpful, are helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may assist law enforcement on your behalf.

What Are the Visas for Family Members of Victims of Crime?

As mentioned, with a U visa, you are allowed to bring your spouse, children, parents, and siblings under some circumstances with you in the US. After you get your own U visa, you can then petition for family members by filing Form I-918, Supplement A, Petition for Qualifying Family Member of U-1 Recipient.

How does a U visa protect victims?

The U visa protects victims by giving them legal status in the US where US law enforcement can stand with them against the crimes committed. In addition, the victim who gets the U visa status gives valuable information to police and other law enforcement regarding the crime.

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 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:

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.

What is a U Visa?

Victims of specified mental or physical abuse and can help United States law enforcement or government prosecute criminal activities may qualify for the U nonimmigrant visa. The U visa was created by Congress in October 2000. The visa was created to make it possible for victims of sex crimes such as the human trafficking, sexual assault, physical abuse, and other violent crimes to come forward to law enforcement authorities.

What Does the U Visa Provide Victims?

If approved, the U visa provides victims with several benefits including:

How to apply for permanent residence in the US?

The first step to gaining permanent residency is to fill out the Form I-485 application. To qualify for an adjustment of status on U nonimmigrant status, certain requirements must be met: 1 You have filed Form I-485, the application required to register for permanent residence 2 You have been legally admitted into the United States U-1 nonimmigrant status 3 You have been present continually in the United States for at least three years since you were admitted as a U nonimmigrant. 4 You are not admissible under INA section 212 (a) (3) (E) 5 Your United States presence is deemed good for public interest, family unity, and humanitarian standard

What is a U visa?

The U visa is a non-immigrant status that allows non citizen victims of crime to stay in theUnited Statesand obtain employment authorization.

Can a victim apply for a visa from abroad?

She / He can apply from abroad as long as the criminal activity violated US law or occurred in US territories.

Green Card for a Victim of a Crime (U Nonimmigrant)

U.S. immigration law allows noncitizens who have been victims of certain crimes and granted U nonimmigrant status (U visa) to become lawful permanent residents (get a Green Card). To qualify for a Green Card as a crime victim, you must have U nonimmigrant status and meet certain eligibility requirements.

Eligibility for Principal Applicant (U-1)

You have been physically present in the United States for a continuous period of at least three years since you were admitted as a U-1 nonimmigrant.

Ground of Inadmissibility

If you are adjusting status based on U nonimmigrant status, you are not generally required to be admissible to the United States. However, if you have participated in Nazi persecution, genocide, or the commission of any act of torture or extrajudicial killing, you are inadmissible under INA 212 (a) (3) (E) and you are ineligible for a Green Card.

How to Apply

If you are currently in the United States and you meet certain other requirements, you may file Form I-485, Application to Register Permanent Residence or Adjust Status.

Confidentiality Protections

If you are in U nonimmigrant status, special confidentiality protections apply to you. These are described in 8 U.S.C. section 1367 and in the USCIS Policy Manual, Volume 1, Part A, Chapter 5, Privacy and Confidentiality.

What to Submit (Principal Applicant)

Certified police and court records of criminal charges, arrests, or convictions (if applicable).

Family Members

Certain relatives of a U-1 nonimmigrant may also qualify for a Green Card, either as a derivative applicant or a qualifying family member who has never held derivative U nonimmigrant status.

Introduction

Eligibility For U Non-Immigrant Status

• Being the victim of a qualifying crime who has suffered substantial physical or mental abuse isn’t the only requirement for a U visa. In order to qualify for U nonimmigrant status, the victim must possess valuable information on the criminal activity and actively assist law enforcement, judges, and prosecutors in the investigation and prosecution o...

See more on jacksonwhitelaw.com

Applying For A U Visa

U Visas For Qualifying Family Members

Green Cards For U Non-Immigrants