All About the U Visa

Are you a victim of criminal activity in the US? Do you have helpful information about any unlawful activities in the US? Has any criminal activity caused you considerable mental or physical abuse? Did you know that such cases make you eligible for a U Visa to the US? Also known as the victim visa. 

In this blog post, we're going to tell you everything you need to know about the U Visa, including its types, requirements, duration, application, costs, and more. We're sure you must have seen a lot of reels or TikToks about how you can get a green card in the US if you are a victim or a witness to a crime. Well, that’s only partially true.

What Is U Visa

It’s a non-immigrant visa for victims of certain crimes who have suffered high-level mental or physical abuse. The applicants must be ready to support law enforcement in investigating and resolving criminal activity. The visa was first launched by Congress in 2000 to support the Victims of Trafficking and Violence Protection Act. Its twofold benefits directly help the victims and the US law enforcement agencies.

The victims receive protection and legal status to live and work in the US while law enforcement agencies can strengthen their ability to investigate and prosecute cases of domestic violence, sexual assault, human trafficking, and other crimes.

While the annual cap on U visas is 10,000 annually, there’s no cap on the family members you can take along. 43% of U visa holders filed a petition to take their family along.

Types of U Visas

Primarily split into two categories, the 1st one is for the principal victim, and it’s called the U1 Visa. This is specifically allocated to people who are direct victims of qualifying criminal activities, like murder, extortion, blackmail, rapture, torture, justice obstruction, forced labor, perjury, and many more. You can apply if you’ll readily help law enforcement officers in bringing the criminal activity to the doors of justice!

The 2nd type is a U derivative visa for family members. This ensures that victims aren’t forced to separate from their loved ones. Here are some types:

-          U2 visa for spouses of U1 Visa holders

-          U3 visa for under-21-year-old children of U1 visa holders

-          U4 visa for parents of U1 visa holders (provided the applicant is under 21)

-          U5 visa for unmarried siblings who are under 18 years old

I believe these derivative visa options are sufficient for the support and stability victims need during difficult times.

U Visa Requirements

1. You must have been a victim of a qualifying criminal activity—such as abduction, blackmail, domestic violence, extortion, false imprisonment, or several others.

2. You may have suffered a great extent of physical or mental abuse due to a crime.

3. You should be aware of hidden details about the criminal activity.

4. The crime occurred in the US or violated US laws.

5. You were helpful, are helpful, or may be helpful to law enforcement in resolving crimes.
   

Feel free to visit the USCIS website to see what additional support the US government offers to crime victims. If you do get approval, the Duration of Your U Visa is 4 years. You can also request an extension from the USCIS by filing Form I-539, an Application to Extend/Change Non-immigrant Status. What’s best is that you can apply for a green card within 3 years of holding a U visa. 

U Visa Application Process

Step 0: Please work with an Immigration lawyer who specializes in these cases. I cannot stress the importance of working with a lawyer. Do not. And we mean, do not try to save money on the lawyer. Hire the best you can afford. 

Step 1: Obtain Form I-918 from the USCIS website to file a Petition for U Nonimmigrant Status. This form is free. Submit this form and save your confirmation receipt in your documentation file. If your request for certification from law enforcement agencies is granted, you’ll be informed whether you should sign Form I-918, Supplement B. This validates that you were, are, or will help investigate a criminal case. You’ll also receive approval for your I-918 petition via Form I-797 Notice of Action sent to you.

Note that Supplement B will be filed by a law enforcement official who can certify that you were a victim. 

Step 2: You must prepare a personal statement describing details of the criminal activity you were a victim of. I highly recommend you get specific in explaining the harm you suffered, its physical and mental effects, how you can help US law enforcement officials, and any supporting documentary evidence. Your lawyer can help you with this. 

Step 3: The more documents you provide about the crime and its ill effects on you, the higher the chances of a U visa approval. From police reports to medical records and court documents to affidavits from witnesses, or even photographs proving the damage, the USCIS thoroughly checks these documents to assess your suitability for the U visa.

Step 4: Double-check and submit your application to the USCIS for processing. You may also need an immigration waiver, Form I-192 for certain inadmissibility grounds, or Form I-765 and Form I-765W for employment authorization. Now, all you can do is wait—sometimes even for several years. Whether you meet the criteria or not, if the limit of 10,000 U visas per year is met, you’ll be put on a waiting list.

Required Documents for U Visa

1. Form I-918 as a petition for U non-immigrant status.

2. A comprehensive personal statement mentioning the crimes you witnessed and how they affected you.

3. Immigration waiver if you have any reason for inadmissibility to enter the country.

4. Form I-192 as an application for advance permission to enter as a nonimmigrant. You’ll need another letter stating why you need the waiver.

5. Form I-765 and Form I-765W as an application for employment authorization.

6. Your passport, 2 passport-sized photos, and birth certificate.

Next, you’ll be relieved to know there are no U Visa Costs. The I-918, I-192, and I-765 forms are free of cost. In case you’re filing a petition for a family member as well, there’s a $230 fee for filing Form I-929. However, this too is exemptible if you file the Form-912 as a request to waive the fee. Although We’d like to inform you that the costs to hire an attorney range from $1,600 to $3,000

Benefits of a U Visa

1. You can legally apply to part-time and full-time jobs for 4 years. Since you become a legal non-immigrant for 4 years after being issued a U visa, you can open a bank account, opt for academic courses, and also get a driver’s license.

2. You can start your transition to a lawful permanent residence or a green card 3 years into your U visa, provided you continue to cooperate with law enforcement.

3. You get generous waivers that can allow many immigration violations to go unpunished. These include specific crimes, deportations, and unlawful presence.

4. You can bring your family members, and they will get the same privileges as the principal applicant!
   

U Visa Limitations

1. The US has reached its annual capacity of 10,000 U visas each year since 2011. 2022 itself showed a backlog of more than 170,000 remaining petitions. The U Visa these days has an approximate wait time of 6-20 years. While waiting for a U visa, applicants have no legal status. But in 2021, USCIS made a decision to start granting bona fide determination to those waiting for U visas because of the backlog. This allowed them to get work permits and work in the US while they wait for their U visa. This also protects them from deportation.

2. The criteria for certification aren’t the most clear. What I mean is that what qualifies as “helpful” to law enforcement agencies can vary from case to case and agency to agency.

3. In case of a denied visa, you’re at risk of being deported or detained. Your options here include appealing this decision to a higher supervisory part of the USCIS or contacting an immigration attorney.

   Nonetheless, the U visa is always an option if you’re grieving because of criminal activity performed by lawbreakers.

That's all about the detailed information on the U Visa. What would you like us to cover next? Drop in your requests. Until then, It’s Ok Yaar.