Visa-Faq.com

what is u visa in usa

by Talon Nikolaus Published 2 years ago Updated 2 years ago
image

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.Feb 28, 2022

Who is eligible for U visa?

U.S. visas are available for crime victims who provide helpful information to investigating authorities. The Victims of Trafficking and Violence Protection Act of 2000 authorized two new visas: the "U" visa for immigrant victims of serious crimes and the "T" visa for victims of severe human trafficking.

Does U visa lead to green card?

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.

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 is approved U visa?

If approved, the U visa provides the victim with: temporary immigration status including work authorization; • temporary immigration status for qualifying family members of the victim; and • the possibility of lawful permanent resident status.

How long is U visa good for?

four yearsWhen U nonimmigrant status is granted, it is valid for four years.

How long it takes for U visa approval?

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 ...

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.

How much is the fee for 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).

Can you work on U visa?

For the temporary work authorization, both qualify under the deferred action category, (c)(14). But after the U-Visa is actually approved, the authorization is different. Principal applicants automatically receive work authorization, whereas derivatives have to apply under category (a)(20).

Can I travel after U visa approval?

First, if you were granted U visa status in the U.S., you will have to go to a consulate to get an actual U visa to re-enter the U.S. You are not automatically granted this visa, which is a sticker in your passport needed for traveling, when you are approved for U visa status.

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 does it take to get a green card after U visa approved?

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.

How long does it take to get a green card through U visa?

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.

What happens after your 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 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 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.

What is a U visa?

The U visa is a United States nonimmigrant visa which is set aside for victims of crimes (and their immediate family members) who have suffered substantial mental or physical abuse while in the U.S. and who are willing to assist law enforcement and government officials in the investigation or prosecution of the criminal activity. It permits such victims to enter or remain in the US when they might not otherwise be able to do so.

When was the U visa created?

The US 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, trafficking of people, and other crimes while, at the same time, offer protection to victims of such crimes. The legislation also helps law enforcement agencies to better serve victims of crimes.

What is the form for U nonimmigrant status?

A petition for U nonimmigrant status must also contain a certification of helpfulness in the form of a U Nonimmigrant Status Certification (Form I-918, Supplement B) from a certifying law enforcement agency. This document demonstrates the petitioner "has been helpful, is being helpful, or is likely to be helpful" in the investigation or prosecution of the criminal activity.

What are the requirements for a non-immigrant visa?

There are six legal requirements for U nonimmigrant status: The applicant must have been a victim of a qualifying criminal activity. The applicant must have suffered substantial physical or mental abuse as a result of having been a victim of these criminal activities.

How long does it take to become a permanent resident in the US?

After three years of continuous physical presence in the United States while in U nonimmigrant status, a U visa holder may be eligible to adjust status and become a lawful permanent resident if certain requirements are met.

What happened to the Seattle visa?

A major incident occurred in Seattle during October 2019. A group of ten staged a hostile takeover of a restaurant. Two members of the group posed as robbers wearing masks and tying up the other people to make it look as though a crime had been committed.

When was the first U visa issued?

Although the U status was created in October 2000, the first visas based on this status were issued in Fiscal Year 2009. In the table below includes data from fiscal years, so for instance the year 2009 refers to the period from October 1, 2008 to September 30, 2009. Note that this only counts U visas issued at embassies and consulates outside the United States, and does not include people who changed non-immigrant status to U status within the United States (through Form I-918 ).

How Can I Use a Visa to Enter the United States?

Having a U.S. visa allows you to travel to a port of entry, airport or land border crossing, and request permission of the Department of Homeland Security (DHS), Customs and Border Protection (CBP) inspector to enter the United States. While having a visa does not guarantee entry to the United States, it does indicate a consular officer at a U.S.

What Types of Visas Are There?

The type of visa you must obtain is defined by U.S. immigration law, and relates to the purpose of your travel. There are two main categories of U.S. visas:

Additional Resources

Please visit these webpages as well as selections on our website's left toolbar:

What is a U.S. Visa?

A citizen of a foreign country who seeks to enter the United States generally must first obtain a U.S. visa, which is placed in the traveler’s passport, a travel document issued by the traveler’s country of citizenship.

Find out what visa type is appropriate for you

The type of visa you must obtain is defined by U.S. immigration law, and relates to the purpose of your travel.

Visa Appointment Wait Time

A wait time listed as "999 calendar days" indicates that the Consular Section is only providing that service to emergency cases. Please check the Embassy or Consulate website for further information.

What determines what type of visa is required?

The purpose of your intended travel and other facts will determine what type of visa is required under U.S. immigration law. As a visa applicant, you will need to establish that you meet all requirements to receive the category of visa for which you are applying. When you apply at a U.S embassy or consulate, a consular officer will determine based on laws, whether you are eligible to receive a visa, and if so, which visa category is appropriate.

What does a consular officer determine when applying for a visa?

When you apply at a U.S embassy or consulate, a consular officer will determine based on laws, whether you are eligible to receive a visa, and if so, which visa category is appropriate. ALL / ALL /.

What is a K visa?

K nonimmigrant visas – For U.S. citizen fiancé (e) and spouse for immigration related purposes. Refer to Immigrant Visa Categories.

What is an indefinite visa?

Indefinite validity visas (Burroughs Visas) are tourist/business visas manually stamped into a traveler’s passport which were valid for ten years. Effective April 1, 2004, all indefinite validity Burroughs visas became void. Therefore, if you have an indefinite validity visa you must apply for a new visa for travel to the U.S.

When did the Department of State update its immigrant visa application forms?

On May 31, 2019, the Department of State updated its immigrant and nonimmigrant visa application forms to request additional information, including social media identifiers, from most U.S. visa applicants worldwide. Please see our Frequently Asked Questions.

How long does it take to get a visa if it is refused?

The duration of the administrative processing will vary based on the individual circumstances of each case. Except in cases of emergency travel (i.e. serious illnesses, injuries, or deaths in your immediate family), before making inquiries about status of administrative processing, applicants should wait at least 180 days from the date of interview or submission of supplemental documents, whichever is later. Learn more.

Where to reapply for a visa if it has been damaged?

If your visa has been damaged in any way, you will need to reapply for a new visa at a U.S. Embassy or Consulate abroad.

Can a foreigner enter the US with a visa?

A visa does not guarantee entry into the United States, but allows a foreign citizen coming from abroad, to travel to the United States port-of entry (generally an airport or land border) and request permission to enter the United States. The Department of Homeland Security, U.S. Customs and Border Protection (CBP) officials have authority to permit or deny admission to the United States, and determine how long a traveler may stay. At the port of entry, upon granting entry to the United States, the Department of Homeland Security, U.S. immigration inspector, provides you an admission stamp or paper Form I-94, Arrival/Departure Record in your passport. On this admission stamp or paper form, the U.S. immigration inspector records either a date or "D/S" (duration of status). If your I-94 contains a specific date, then that is the date by which you must leave the United States. Your admission stamp or paper Form I-94 is very important to keep in your passport, since it shows your permission to be in the United States. Review information about Admission on the CBP Website. Also, see Duration of Stay.

Can a temporary visitor stay in the US?

A visa must be valid at the time a traveler seeks admission to the United States, but the expiration date of the visa (validity period/length of time the visa can be used) has no relation to the length of time a temporary visitor may be authorized by the Department of Homeland Security to remain in the United States. Persons holding visas valid for multiple entries may make repeated trips to the United States, for travel for the same purpose, as long as the visa has not expired, and the traveler has done nothing to become ineligible to enter the United States, at port-of-entry.

Does a visa allow entry to the US?

A visa does not guarantee entry into the United States. A visa allows a foreign citizen to travel to the U.S. port-of-entry, and the Department of Homeland Security U.S. Customs and Border Protection (CBP) immigration inspector authorizes or denies admission to the United States. See Admissions on the CBP website.

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.

Does USCIS determine EAD?

Principal petitioners who USCIS determines will not receive a bona fide determination EAD and deferred action will receive a waiting list adjudication.

image

Overview

The U visa is a United States nonimmigrant visa which is set aside for victims of crimes (and their immediate family members) who have suffered substantial mental or physical abuse while in the U.S. and who are willing to assist law enforcement and government officials in the investigation or prosecution of the criminal activity. It permits such victims to enter or remain in the US when they might not otherwise be able to do so.

Background

The US 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, trafficking of people, and other crimes while, at the same time, offer protection to victims of such crimes. The legislation al…

Eligibility

There are six legal requirements for U nonimmigrant status:
• The applicant must have been a victim of a qualifying criminal activity.
• The applicant must have suffered substantial physical or mental abuse as a result of having been a victim of these criminal activities.

Types of U-visas

The specific types of U-visas are:
• U-1 visas - for persons who were crime victims and fit the other criteria
• U-2 visas - spouses of U-1 applicants
• U-3 visas - children of U-1 applicants

Impediments to issue

As of January 2016, there is a backlog of 64,000 requested U-visas, but only 10,000 U-1 visas can be issued per year. (There is no limit on the number of "derivative" U visas—U visas other than U-1. ) Some police departments do not certify any applicants as cooperating, either for political reasons or due to confusion over the law, though in some jurisdictions like California and New York City, there are laws or policies which require prompt certification of anyone eligible.

Incidents

Abuse of this visa has been attempted by groups who have tried to pull cons or hoaxes on law enforcement in order to qualify for the visa. A major incident occurred in Seattle during October 2019. A group of ten staged a hostile takeover of a restaurant. Two members of the group posed as robbers wearing masks and tying up the other people to make it look as though a crime had been committed.

Statistics

Although the U status was created in October 2000, the first visas based on this status were issued in Fiscal Year 2009. In the table below includes data from fiscal years, so for instance the year 2009 refers to the period from October 1, 2008 to September 30, 2009. Note that this only counts U visas issued at embassies and consulates outside the United States, and does not include people who changed non-immigrant status to U status within the United States (through …

External links

• U Visa Law Enforcement Certification Resource Guide from the United States Department of Homeland Security
• I-918, Petition for U Nonimmigrant Status - all forms and instructions required for filing

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z 1 2 3 4 5 6 7 8 9