Who Qualifies for U Visa?
- You may be eligible for nonimmigrant U status if you are an alien and:
- You have suffered substantial physical or mental abuse as a result of having been a victim of a crime
- You have information concerning that criminal activity;
- You have been, or are being, or could be, helpful in the investigation or prosecution of the crime; AND
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.
Who decides if a person is eligible for a U visa?
U VISA ELIGIBILITY . U.S. Citizenship and Immigration Services (USCIS), within the Department of Homeland Security (DHS), decides if a person is eligible for a U visa. Law enforcement does not determine who is eligible for a U visa; however, law enforcement provides information so that USCIS can determine if the person:
Where can I find more information about a U visa?
For more information about U visas, see Victims of Criminal Activity: U Nonimmigrant Status. This page provides specific information for noncitizens (and qualifying family members) in the United States who have U nonimmigrant status and want to apply to become lawful permanent residents based on their U nonimmigrant status.
Who is eligible for a derivative U visa?
Certain qualifying family members are eligible for a derivative U visa based on their relationship to you, the principal, filing for the U visa. The principal petitioner must have their petition for a U visa approved before their family members can be eligible for their own derivative U visa. If you, the principal, are... Then...
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).
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 are the steps for U visa?
Applying for a U visa involves several steps, including filling out a government form, preparing numerous documents, and interacting with law enforcement agencies who must certify that you are a victim who is helping with their investigation or prosecution of a crime.
What crimes does U visa waive?
This waiver, which may be granted at the discretion of the Department of Homeland Security's (DHS's) United States Citizenship and Immigration Services (USCIS), applies to any ground of inadmissibility except for Nazi crimes, genocide, torture, or extrajudicial killings as found in section 212(a)(3)(E) of the INA.
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.
Is there any 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 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).
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 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.
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 many U visas are approved each year?
10,000 U visaEach year, USCIS may approve up to 10,000 U visa petitions.
Does domestic violence qualify for U visa?
A U-Visa is a visa granted to victims of domestic violence and other qualifying crimes, who cooperate with the police and prosecution in the investigation and prosecution of the crimes. The purpose of the UVisa is to neutralize fear of deportation on the part of undocumented victims of violent crimes.
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.
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 are U visas taking 2021?
approximately 5 yearsAs of June 2021, the wait time for a decision on the U visa is approximately 5 years. The wait time will likely be longer for those filing in 2022 because there is a large backlog of U-visa petitions awaiting adjudication.
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.
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.
How Many Kinds of Visas Are There?
Currently, there are almost 70 different kinds of temporary visas for which individuals can apply. These visas depend upon the reason for the trip to the United States. All these temporary visas are identified by a letter-number combination, such as B-2 which designates a person visiting the United States for tourism.
Main Reasons to Apply for a Temporary Visa
As noted above, there are numerous reasons for which individuals may want to apply for a temporary visa, but these are some of the most common.
How Do I Apply?
As noted above, anyone applying for a temporary visa to the United States needs to do so at an American embassy or consulate in their country.
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.
Who must hold a visa for the principal official?
All members of the immediate family forming part of the household of the principal official or employee, unless they are U.S. citizens or LPRs, must generally hold a visa that matches the visa classification of the principal official or employee whom they are accompanying or following to join, though certain exceptions exist for dependents working for a foreign mission, mission to an IO or on the staff of an IO.
Where to get an A or G visa?
If the individual is already in the United States, he/she must depart the United States and request the proper A or G visa at a U.S. embassy or consular post outside the Unit ed States or in limited circumstances determined by consultation with the Office of Visa Services seek a change of nonimmigrant visa status to an A or G status in the United States.
Can a US citizen be employed as a consular officer?
U.S. citizens and LPRs may be employed in any position except as a diplomatic agent or career consular officer. They do not require a visa for this employment and are otherwise not entitled to any nonimmigrant visa classification, though their family members may be entitled to a nonimmigrant visa classification if the family member does not have U.S. citizenship or lawful permanent resident status.
Can an individual take up his or her duties?
Therefore, such individual is not permitted to take up his or her duties until the correct visa is obtained from a U.S. embassy or consular post or a change of status to the appropriate A or G nonimmigrant status in the United States has been approved by USCIS.
Can an A visa be used for a foreign government?
However, if an A or G visa holder will be employed by a foreign government other than the foreign government for which the previous A or G visa was issued or will be employed by a designated IO other than the IO for which the previous G-4 visa was issued, the individual may be required to depart the United States to request a new visa and/or seek a change of status.
Do you need a diplomatic note for an A-2 visa?
The aforementioned diplomatic note is generally not required for routine renewals of A-1, A-2, G-1, G-2, or G-3 visas in the United States.
Can an A visa be used for a new assignment?
If an individual holds an unexpired A or G visa from a prior assignment or official trip to the United States that is also the proper visa classification for his/her new assignment, he/she is recommended to request a new visa outside the United States to clearly associate his/her visas with the new assignment.
What Is A U-Visa?
Who Qualifies For A U-Visa?
- Not all victims of crime qualify for a U-visa. Along with personal circumstances, the nature of the crime affects eligibility. For example, if the person were a victim of human trafficking, this would be covered under a different visa category. However, U-visa eligibility extends to direct victims and their families, bystander victims of a crime, a...
Applying For A U-Visa with San Diego Immigration Law Office
- If you believe you qualify for a U-visa as the victim of a crime, reach out to San Diego Immigration Law Office. As qualified immigration attorneys, we can advise in detail about your eligibility and application process. You can book a consultation on our website to begin the conversation, and we can assist with every step of the application. So, if you would like to know more about U-visa…