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U-Visas Victims of Criminal Activity: U Nonimmigrant Status

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    A U visa is a nonimmigrant visa that is available to victims of certain crimes who are in the United States and who have suffered substantial physical or mental abuse as a result of the crime. The U visa was created by the Victims of Trafficking and Violence Protection Act (VTVPA) in 2000 as a way to encourage victims of crime to come forward and cooperate with law enforcement without fear of deportation.

    To be eligible for a U visa, a victim of a qualifying crime must meet the following requirements:

    1. They must have suffered substantial physical or mental abuse as a result of the crime;
    2. They must have information about the crime and be willing to cooperate or cooperated with law enforcement in the investigation or prosecution of the crime;
    3. They must be admissible to the United States or be able to obtain a waiver of any inadmissibility grounds.

    Qualifying crimes for a U visa include domestic violence, sexual assault, human trafficking, kidnapping, and other violent crimes. To apply for a U visa, the victim must submit a U visa certification from a law enforcement agency or prosecutor confirming that they have been helpful in the investigation or prosecution of the crime.

    If approved, a U visa holder can stay in the United States for up to four years and may be eligible to apply for a green card after three years. Additionally, certain family members of the U visa holder may also be eligible for a derivative U visa.

    Frequently asked Questions

    • What is a U Visa?

      A U Visa is a non-immigrant visa that provides temporary legal status to victims of certain crimes who have suffered mental or physical abuse and are willing to assist law enforcement in the investigation or prosecution of the crime.

    • Who is Eligible for a U Visa?

      To be eligible for a U Visa, you must be the victim of a qualifying crime, have suffered significant physical or mental abuse as a result of the crime, and be willing to assist law enforcement in the investigation or prosecution of the crime.

    • What Crimes Qualify for U Visa Eligibility?

      Qualifying crimes include but are not limited to domestic violence, sexual assault, human trafficking, kidnapping, and certain other crimes listed by the U.S. government.

    • Can Family Members of U Visa Holders Apply for Derivative U Visas?

      Yes, certain family members of U Visa recipients, including spouses, children, parents, and unmarried siblings under 18 years old, may be eligible to apply for derivative U Visas.

    • How Do I Apply for a U Visa?

      To apply for a U Visa, you must submit a Form I-918, Petition for U Nonimmigrant Status, along with required supporting documents, to U.S. Citizenship and Immigration Services (USCIS).

    • Can U Visa Holders Apply for Permanent Residency (Green Card)?

      Yes, U Visa holders may be eligible to apply for a green card (lawful permanent residency) after three years, provided they have met certain requirements.

    • Is There a Cap on the Number of U Visas Issued Each Year?

      Yes, there is an annual cap of 10,000 U Visas issued each fiscal year. However, certain exemptions and unused visas from previous years may be available.

    • Can U Visa Holders Apply for Work Authorization?

      Yes, U Visa recipients can apply for work authorization, allowing them to legally work in the United States.

    • Can U Visa Holders Travel Outside the United States?

      U Visa holders may be eligible to apply for travel authorization (Advance Parole) to temporarily leave the U.S. for specific purposes.

    • Can U Visa Recipients Apply for Public Benefits?

      U Visa holders may be eligible for certain public benefits, including social services, health care, and educational assistance, depending on state and federal laws.

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