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.
What is the difference between AT and U visa?
U visa applicants must prove that they suffered "substantial physical or mental abuse" as a result of the qualifying crime. T visa applicants do not need to provide documentation of physical or mental abuse (though it will certainly help you to build a more convincing case).
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 do you need for U visa?
U Visa Document Checklist. I. FORMS AND DECLARATION.II. EVIDENCE OF IDENTITY.III. EVIDENCE OF SUBSTANTIAL PHYSICAL OR. MENTAL ABUSE.IV. COOPERATION AND ASSISTANCE WITH LAW ENFORCEMENT.
How long does it take for the U visa to be approved?
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 are the benefits of a 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?
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 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.
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 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).
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.
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 an T visa?
T nonimmigrant status (T visa) is available to noncitizens who are or have been victims of a severe form of trafficking in persons and assist law enforcement in the detection, investigation, or prosecution of acts of trafficking.
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.
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 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 is a U visa?
To qualify for a U visa, the victim has to prove that she/he suffered a direct and proximate harm as a result of the commission of one of the following criminal acts or any similar activities in violation of federal, state , or local criminal laws such as:
What are the factors that determine a U visa?
Factors considered include: the nature of the injury; the severity of the perpetrator’s conduct; the severity of the harm; the duration of the infliction of harm; any permanent or serious harm to appearance, health and physical or mental soundness, and any aggravation of a victim’s preexisting conditions. No single factor is required, and a series of acts may suffice, even where no single act meets the standard.
What is the process to get a U visa?
To qualify for the U-visa, the victim must cooperate with law enforcement agencies in the prosecution of the crime even if no arrest or charges are brought or if the applicant does not testify against the perpetrator. Either the police, the district attorney or the judge must sign a certification affirming that the applicant complied with reasonable requests for assistance.
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 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.
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.
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.
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.
What form do I need to apply for permanent residence?
With the completed and signed Form I-485, Application to Register Permanent Residence or Adjust Status, applicants must submit:
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 are the requirements for a U visa?
The individual must: The individual must have suffered substantial physical or mental abuse as a result of having been a victim of a qualifying criminal activity. The individual must have information concerning that criminal activity.
What is a U visa?
The U visa is a nonimmigrant visa that is reserved for victims of crime who assist law enforcement. It is meant to protect, and arguably reward, non-citizens who have suffered significant mental or physical abuse from a qualifying criminal activity.
What form do I need to apply for nonimmigrant status?
If the victim meets the eligibility requirements and has a certified statement, he or she can apply using Form I-918, Petition for U Nonimmigrant Status.
How long is a US visa valid?
The U visa is valid for a period of not more than four years but may be renewed with the support of the certifying agency (police, district attorney, etc.). There are circumstances which make it possible for someone in U nonimmigrant status to adjust status to permanent resident. The applicant would be required to have the U visa for three years and receive the support of the certifying agency. After five years and meeting several other requirements, a permanent resident can file for U.S. citizenship.
When was the U visa created?
Congress created the U nonimmigrant visa through the passage of the Victims of Trafficking and Violence Protection Act in October 2000. The goal of the legislation is to encourage non-citizen victims to cooperate with police and prosecutors without the fear of deportation.
Can a family member be a U visa?
Family Members. It is possible for family members (spouse and children) to be covered with the same U status. Family members who accompany the petitioner can, under certain circumstances obtain a U derivative visa. The U principal visa holder must petition on behalf of qualifying family members.
How much does it cost to apply for a U visa?
There are no fees to file a U visa application for you and your family members. 1 Some of the related forms and processes do have fees but, depending on your income or financial need, those fees can be waived. For example, there are fees associated with employment authorization and the inadmissibility waiver.
What form do I need to file for nonimmigrant status?
With an attorney’s help, you will fill out an “Application for U Nonimmigrant Status,” which is called Form I-918. You must also include the Form I-918 Supplement B (the law enforcement certification). Depending on your situation, you may include the Form I-192 (the waiver for any grounds of inadmissibility) and the Form I-765 (for a work permit). You should consult with your attorney to see which forms to file in your case.
How to avoid being deported?
To avoid being deported, you will need an attorney who has experience in immigration court, not just experience with U visas. Your attorney may wish to contact ASISTA, a national non-profit organization, to get the latest strategies and arguments for U visa applicants in immigration and federal court. ASISTA can also talk to your attorney about exploring the option of filing a case in federal court to stop your deportation.
Does USCIS waive grounds of inadmissibility?
none of the “ grounds of inadmissibility ” applies to them, or USCIS waives the grounds of inadmissibility.
Can I apply for a U visa if I am in immigration court for deportation ("removal") proceedings?
If you already have a case in immigration court, or have one coming up because Immigration and Customs Enforcement (ICE) has detained you, you can still apply for a U visa. 1 However, immigration judges do not have the power to give you a U visa. The only thing they might agree to do is to “continue” your case until USCIS decides whether to approve your U visa application. If you are already in immigration court, it is more important than ever that you file a good, complete case with all the forms and documentation that meet all of the requirements. This is hard to do without help from an attorney with experience in U visa cases.
U Visas
- A U-Visa is non-immigrant visa for certain victims of criminal activity in the United States. To qualify for a U visa, the victim has to prove that she/he suffered a direct and proximate harm as a result of the commission of one of the following criminal actsor any similar activitiesin violation of federal, state, or local criminal laws such as: 1....
Substantial Physical Or Mental Abuse
- To qualify for a U-Visa, the person must prove substantial physical or mental abuse, that is, injury or harm to the victim’s physical person, or harm to or impairment of the emotional or psychological soundness of the victim.Factors considered include: the nature of the injury; the severity of the perpetrator’s conduct; the severity of the harm; the duration of the infliction of har…
Documentation to Prove Abuse
- The evidence to prove the abuse may include reports and affidavits from police, judges, other court officials, medical personnel, school officials, clergy, social workers, and other social service agency personnel.If petitioner has obtained a protective order, he/she should provide it. The applicant may be able to demonstrate the physical and mental abuse in the summing up (aggre…
Help to Qualifying Agency and Agency Certification
- To qualify for the U-visa, the victim must cooperate with law enforcement agencies in the prosecution of the crime even if no arrest or charges are brought or if the applicant does not testify against the perpetrator.Either the police, the district attorney or the judge must sign a certification affirming that the applicant complied with reasonable requests for assistance. The …
Victim Can Request U-Visa
- The applicant does not have to be in the U.S. when he/she completes the application if the crime arose in the U.S.
Grounds of Inadmissibility
- Applicants for a U visa/status must be admissible, except public charge. However, most grounds of inadmissibility are waivable by DHS if in the “public or national interest.” A waiver may be granted where the petitioner not only establishes that she was the victim of a qualifying crime, but that she suffered substantial physical or mental abuse in connection with the crime. Inadmissibi…
Approval of U-Visa
- Approval– If approved, an outstanding administrative order of removal, deportation or exclusion, will be deemed cancelled by operation of law as of the date of USCIS’s approval. Orders issued in pr...
- Employment Authorization –Employment is authorized incident to status and USCIS will automatically issue an Employment Authorization Document when U-Visa status is granted. …
- Approval– If approved, an outstanding administrative order of removal, deportation or exclusion, will be deemed cancelled by operation of law as of the date of USCIS’s approval. Orders issued in pr...
- Employment Authorization –Employment is authorized incident to status and USCIS will automatically issue an Employment Authorization Document when U-Visa status is granted. The Secretary may grant...
- Admission and Duration of Status – Approved for 4 years. Status may be revoked but notice is required unless the U notifies USCIS that she will not seek admission to the U.S. The 4 years may be ex...
- Adjustment of Status(AOS) – A U-Visa holder may AOS if: (1) he or she has been physically p…
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 …
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