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.
Who qualifies for U visa?
To qualify for an adjustment of status on U nonimmigrant status, certain requirements must be met:
- You have filed Form I-485, the application required to register for permanent residence
- You have been legally admitted into the United States U-1 nonimmigrant status
- You have been present continually in the United States for at least three years since you were admitted as a U nonimmigrant.
- You are not admissible under INA section 212 (a) (3) (E)
How can I apply for an you visa?
You should apply for a US visa at a US Consulate or Embassy in your country of residence following these simple steps: Check if you need a visa. Choose the type of US visa you will apply for. Fill in the Non-immigrant visa Application Form DS-160. Pay your application fee.
Can I go to college with you visa?
You Can Go to College The first thing you should know is that no federal law prevents U.S. colleges from admitting undocumented students. And only a few states — including Georgia, South Carolina and Alabama — have placed any kind of restrictions on undocumented students attending public colleges and universities.
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 can I get U visa certificate?
In order for an immigrant survivor of crime to qualify for U nonimmigrant status (often referred to simply as a “U visa”), she must obtain certification of her helpfulness by having a law enforcement agency complete Form I-918 Supplement B, “U Nonimmigrant Status Certification.” 2 This law enforcement certification is ...
What eligibility category is U visa?
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.
How does the U visa work?
How Does a U Visa Work? A U visa lets an immigrant live in the United States legally for up to four years. A court may even extend their time in the Unites States in special cases. As long as a person holds a U visa for three years, they can apply for a green card, making the person a legal American resident.
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.
Is it hard to get U visa?
You are not required to be in the U.S. to qualify for a U visa although the crime must have taken place within the U.S.1 However, it is very hard to successfully apply for U visa status from outside of the country, mainly because you will need the help of an attorney who knows U visas and most of those attorneys are in ...
What happens after U visa is approved?
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.
What percentage of U visas are approved?
U Visa Success Rate The U visa approval rate is 87 percent for principal petitioners, according the USICS.
How much is the U visa?
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).
How long does it take to get a work permit with U visa?
US Citizenship and Immigration Services (USCIS) maintains an online portal with up-to-date estimates of application processing times for most immigration petitions. Currently, the estimated waiting time for a work permit is approximately 2.5 – 5 months.
How many U visas are approved each year?
10,000 U visaEach year, USCIS may approve up to 10,000 U visa petitions.
How long does the U visa process take?
Wait for your U visa application to be processed. This may take anywhere between 12 and 18 months. After your visa has been approved, follow any further instructions sent to you by USCIS. Once everything is official, you can take advantage of all the benefits a U visa has to offer.
Can U visa applicant get work permit?
Because it is taking so long for the government to review U visa applications, USCIS may give you a work permit and deferred action while you wait for a final decision.
What happens after U visa is approved?
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.
How long does it take to get a Green Card through U visa?
Applications for an adjustment from U nonimmigrant status to lawful permanent residency are filed with the USCIS Vermont Service Center. The processing time for a green card can vary significantly from case to case, though it generally takes 1 – 2 years.
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:
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 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 Does a U Visa Provide?
If approved, a U visa will give the crime victim temporary immigration status, additional temporary immigration status for family members of the victim, and the possibility of permanent resident status if qualifications are met. This can be helpful for individuals wishing to stay in the United States and obtain proper documentation to do so.
Qualifying Crimes
For U visa eligibility, a qualified crime must occur. The following crimes are considered general qualifying crimes for the purpose of a U visa. Similar criminal crimes to the ones listed below are also eligible and to be considered qualifying.
How to File for a U Visa?
In order to begin the process of applying for a U visa, a certified agency must submit a law enforcement certification ( Form 1-
Visa Length and Extensions
Once issued, a U visa is valid for up to four years and allows you to be able to work in the U.S. After three years, the individual is eligible to apply for permanent residency. If the individual does not wish to apply for permanent residency at the time, their U visa can be renewed as necessary.
Contact Us
For resources for victims of human trafficking and other crimes, click here. If you would like to seek further information regarding migrating to the United States, you can visit USCIS’s website here. Don’t forget to contact Schehr Law PLLC when seeking an Immigration Lawyer.
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:
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.
Do you have to take additional steps to get a visa?
Petitioners do not have to take any additional steps to request the U visa. USCIS will notify the petitioner of the approval and the accompanying U visa.
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.
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.
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 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 U Visa Certification?
To apply for a U visa, you must complete form l-918, Petition for U Nonimmigrant Status, for the U.S. Citizenship and Immigration Services (USCIS). In addition, you must have a document, known as a “Certification of Helpfulness” or U Visa Certification, indicating that a law enforcement official has approved your request.
Which Agencies and Officials May Complete the Certification?
Certification for a U visa is generally completed by local, state, or federal police departments and prosecutors. However, any state or federal agency with the “responsibility for the investigation or prosecution of a qualifying crime or criminal activity” may complete the Certification of Helpfulness.
What Type of Information is Helpful?
Law enforcement agencies are interested in the many ways your information will aid the investigation and prosecution of those who victimized you. The more details you can provide, the better are your chances that an official will complete a Certification of Helpfulness.
Why You Should Work With an Immigration Lawyer
Many – but not all – agencies agree to provide a Certification of Helpfulness at the start of an investigation in order to obtain credible evidence as well as a potential witness.
We Are Ready to Help You!
In some circumstances, a police officer or prosecutor could use your need for certification to make you an unwilling witness or participant in an investigation, such as wearing a wire to obtain information. For your own protection, you should have an experienced immigration attorney or advocate who is familiar with U visas at your side.
Do You Need Help In Getting Your Green Card Or Visa in Virgina, Maryland or Washington D.C.?
If you're trying to obtain a Green Card or Visa you need to speak with an experienced immigration attorney as soon as possible. Please contact us online or call our Vienna, Virgnia office directly at 703.991.7978 or our Rockville, Maryland office at 301.637.5392 to schedule your free case consultation.
What is a U visa certification?
The U visa certification requires the Department of Labor to attest that the petitioner is a victim of certain qualifying criminal activity , and is, has been, or is likely to be helpful in the investigation or prosecution of that activity. The Department of Labor has established protocols that it will follow when considering a request to complete a U visa certification. Completion of a U visa certification is entirely discretionary.
What is the authority to complete U visa certifications?
The authority to complete U visa certifications has been delegated to the Wage and Hour Division . The Wage and Hour Division is responsible for enforcing some of the nation’s most comprehensive federal labor laws, including the minimum wage, overtime pay, child labor, the employment of persons with disabilities, family and medical leave, the employment of temporary or seasonal migrant workers, and prevailing wages for government service and construction contracts. While the Wage and Hour Division does not investigate violations of qualifying criminal activities, it does conduct investigations for minimum wage and overtime violations. Because many Wage and Hour investigations take place in industries that employ vulnerable workers, the Wage and Hour Division is often the first federal agency to make contact with these workers and detect criminal activity in the workplace, which it may then refer to the appropriate authorities. Additional agencies may be delegated authority where appropriate. UPDATE: The authority to complete T visa certifications has also been delegated to the Wage and Hour Division .
How long can a U visa be valid?
Individuals who receive U visas may remain in the United States for up to four years , and may eventually apply for permanent residency. Among other requirements, a U visa petitioner must ask a federal law enforcement agency or official to complete a certification form asserting that the U visa petitioner “has been helpful, is being helpful, or is likely to be helpful” in the investigation or prosecution of the criminal activity. The Department of Homeland Security, U.S. Citizenship and Immigration Services, administers this program and grants or denies U visa petitions. UPDATE: Beginning April 2, 2015 the Department of Labor will also accept certification requests for T nonimmigrant visas. See below for more information about the T nonimmigrant visa.
What is the I-918 form?
Citizenship and Immigration Services Form I-918 , Supplement B (or “U visa certification”) is the specific form that a petitioner asks the Department of Labor to complete and sign as part of his or her petition for a U visa. The U visa certification does not provide individuals with a U visa; rather, the certification form is a required element in a U visa petitioner’s petition to U.S. Citizenship and Immigration Services. In completing the U visa certification, the agency must certify that the individual submitting the Form I-918 is a victim of a certain qualifying criminal activity and is, has been, or is likely to be helpful in the investigation or prosecution of that activity. The Department of Labor has developed protocols to ensure the U visa certification process – the completion of the U visa certification – is efficient and effective.
How long does it take to get a visa certified?
The Department of Labor recognizes the importance of expeditious processing and timely responses. The Department anticipates that it will take three months to review a single U visa certification request and make a determination as to whether or not to complete the certification.
What agency certifies a U visa?
Department of Homeland Security regulations (8 C.F.R. § 214.14 (a) (2)) expressly list certain federal law enforcement agencies that may certify U visa applications, including the Department of Labor. In doing so, the Department of Homeland Security recognized that Department of Labor investigators may detect evidence of qualifying criminal activity during the course of investigating violations of workplace laws. The Department of Labor’s authority to complete U visa certifications (Form I-918, Supplement B) is based on its role as a law enforcement agency that has detected the crimes.
Does a U visa require a certification?
The U visa certification does not provide individuals with a U visa; rather, the certification form is a required element in a U visa petitioner’s petition to U.S. Citizenship and Immigration Services. In completing the U visa certification, the agency must certify that the individual submitting the Form I-918 is a victim ...
