The U visa is a nonimmigrant visa specifically designed to protect victims of certain crimes who have experienced mental or physical abuse and have actively assisted in the investigation or prosecution of the crime. This blog post will provide an overview of the U visa eligibility criteria, the qualifying criminal activities, and the application process, as well as answers to common questions related to U visas.
Understanding U Visas and Eligibility Criteria
The U visa offers temporary legal status to victims of qualifying criminal activities who have experienced substantial mental or physical abuse and have cooperated with law enforcement in the investigation or prosecution of the crime. To be eligible for a U visa, the crime must have occurred in the United States or its territories.
Qualifying Criminal Activities for U Visas
Qualifying criminal activities for a U visa include, but are not limited to, domestic violence, sexual assault, human trafficking, involuntary servitude, kidnapping, and other crimes that violate U.S. laws. The USCIS website provides a complete list of qualifying crimes.
U Visa Application Requirements
To apply for a U visa, applicants must meet the following criteria:
- Be a victim of a qualifying criminal activity
- Have suffered substantial mental or physical abuse due to the crime
- Possess information about the criminal activity and be willing to assist law enforcement in the investigation or prosecution
- The crime must have taken place in the United States or its territories
- Be admissible to the United States
Necessary Documents for U Visa Application
Applicants need to submit the following documents for a U visa application:
- Form I-918, Petition for U Nonimmigrant Status
- A personal statement describing the criminal activity and the applicant’s assistance in the investigation or prosecution
- Form I-918B, U Nonimmigrant Status Certification, signed by a law enforcement official
- Evidence of the criminal activity, such as police reports, restraining orders, medical records, and witness statements
- Evidence demonstrating substantial mental or physical abuse, including counseling records, medical records, and photographs
Proof of identity, like a passport, birth certificate, or driver’s license
U Visa Processing Time
The processing time for U visas can vary and may take several years due to the backlog of applications. However, eligible applicants may receive a work permit and deferred action while their application is pending.
U Visas for Family Members
Qualifying family members of U visa applicants, including spouses, children, parents, and unmarried siblings under the age of 18, may also be eligible for a U visa.
U Visa Holders and Green Card Eligibility
U visa holders may be eligible to apply for a green card after three years of continuous physical presence in the United States, provided they continue to meet the eligibility requirements.
Applying for a U Visa with Illegal Entry to the US
Individuals who entered the US illegally may still be eligible to apply for a U visa. However, they must provide evidence of their physical or mental abuse and demonstrate their willingness to assist law enforcement in the investigation or prosecution of the crime.
By understanding the U visa application process and requirements, victims of qualifying crimes can take the necessary steps towards obtaining legal protection and assistance in the United States