U-Visa
U-Visa Process and Important Facts
U nonimmigrant status (U visa) is immigration relief for victims of certain crimes. It makes it safer for victims to report cases to law enforcement and help authorities pursue criminal cases. Benefits include temporary immigration status, work authorization, temporary status for qualifying family members, and the possibility of lawful permanent resident status. Created by the Victims of Trafficking and Violence Protection Act (VTVPA) in 2000, the most recent USCIS statistics show an 87 percent approval rate for U visa petitioners. A U visa should be free.
Qualifying Criminal Activity Includes:
- Abduction, Abusive Sexual Contact, Blackmail, Domestic Violence, Extortion, False Imprisonment, Female Genital Mutilation, Felonious Assault
- Fraud in Foreign Labor Contracting, Hostage, Incest, Involuntary Servitude, Kidnapping, Manslaughter, Murder, Obstruction of Justice
- Peonage, Perjury, Prostitution, Sexual Assault, Sexual Exploitation, Slave Trade, Stalking, Torture, Trafficking, Witness Tampering
- Unlawful Criminal Restraint, and other related crimes where elements are substantially similar
- Attempts, conspiracies, or solicitations to commit any of these offenses
U-Visa Eligibility Requirements
- You suffered substantial physical or mental abuse as a result of being a victim of qualifying criminal activity
- You have information about the criminal activity (if under 16 or unable to provide due to disability, a parent, guardian, or next friend may possess this information)
- You were, are, or are likely to be helpful to law enforcement in the investigation or prosecution
- The crime occurred in the US or violated American laws
- You are admissible to the US (if not, you can apply for a waiver on Form I-192)
Applying for a U Visa (Inside the US)
- Form I-918, Petition for U Nonimmigrant Status
- Form I-918, Supplement B, U Nonimmigrant Status Certification (signed by an authorized official of a certifying law enforcement agency)
- Form I-192 if inadmissibility issues are present
- A personal statement describing the criminal activity
- Evidence to establish each eligibility requirement
Applying for a U Visa (Outside the US)
- File all necessary forms with the Vermont Service Center
- Follow instructions from the Vermont Service Center, including providing fingerprints at the nearest US Embassy or Consulate
- If approved, engage in the consular process, including an interview with a consular officer at the nearest US Embassy or Consulate
Our firm will know how to help you get around any complication and be able to achieve the most favorable possible outcome for your case. You may call (213) 388-1821 or contact us online to schedule a consultation with our Los Angeles U-Visa attorney.