U-VISAS – Victims of Criminal Activity

People that have been victims of some crimes or mental and physical abuse may qualify to obtain a U-Visa and, eventually, the lawful permanent resident (Green Card). The U.S. government set each year, 10,000 U visas qualifying victims. To qualify, you must have been a victim of the enumerated crimes and be helpful to law enforcement or government officials in the investigation or prosecution of criminal activity.

Frequently Asked Questions

What are the U-Visa Eligibility and Requirement?

You may qualify for a U-Visa if:

• You are the victim of qualifying criminal activity.
• You have suffered substantial physical or mental abuse as a result of having been a victim of criminal activity.
• You have information about the criminal activity. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may possess the information about the crime on your behalf.
• You were helpful, are helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may assist law enforcement on your behalf.
• The crime occurred in the United States or violated U.S. laws.
• You are admissible to the United States. If you are not admissible, you may apply for a waiver on a Form I-192, Application for Advance Permission to Enter as a Nonimmigrant.[1]

What are the qualifying criminal activities for a U-Visa?

There are other related crimes that have substantially similar elements that will be eligible.

Attempt to commit, conspiracy or solicitation of any of the listed crimes may qualify. If you are a victim of a crime and you are not sure if you are eligible, give us a call! We can help.

Would my immediate family qualify?

Family immediately related to the victim (the principal) may qualify for a derivative U visa based on their relationship to the victim filing for the U visa. For a derivative to apply for a U-Visa, the principal’s application must be approved.

If the principal is under 21 years of age, then the principal may petition on behalf of their spouse, children, parents, and unmarried siblings under age 18. If the principal is over 21 years of age or older, then the petitioner may file on behalf of your spouse and children.

What are the benefits of applying for a U-Visa?

• You would be able to obtain a legal status
• Relief from Deportation
• You will be able to obtain a work authorization
• Once is approved, you can obtain a green card after three (3) years
• You may be eligible for other government benefits.

How long does it take to obtain a U-Visa?

The government only has 10,000 visas available every year. Once the numbers have been used, you would be placed on a waiting list. U-Visas are taking up to five (5) years. Once you are on a waiting list, you would just have to wait. There is nothing that can be done to expedite the process.

What is the process of becoming a permanent resident with a U-Visa?

You will be eligible to apply for a green card after having a U-Visa for at least three (3) years.

If I am on a waiting list, can I travel outside of the U.S.? No, you cannot travel. Because you do not have any status, if you leave the U.S., you will not be able to return, and you will have to wait outside of the country until the visa is approved.

I am afraid of being deported. Can this happen if I applied for a U-Visa? Unlike the T visa where you are granted deferred action, you would not have deferred action or stay of removal with a U-Visa.  However, ICE has not been putting anyone in the removal that has applied for a U-Visa.

If I entered the U.S. without inspection (undocumented), do I qualify for a U Visa if I was a victim of a qualifying crime? Yes! If you meet the requirement, you can apply for a U-Visa. You will need a waiver, which you can apply at the same time you file your application. If you are not sure if you qualify, give us a call.

Do I need to cooperate with the police and law enforcement to apply for a U-Visa? The main requirement of this type of visa is that you assist the police or government in apprehending the perpetrator and bring justice. The perpetrator does not need to be found guilty. Nevertheless, you need a qualified official, such as the police department or district attorney, or any official qualified to complete a law enforcement certification. Without that certification, you cannot apply for the visa.

I was a victim of domestic violence; do I qualify for a U-Visa? You may be eligible for a U-Visa. However, you could consider applying for the Violence Against Women Act (VAWA), which may allow you to get a status faster. We can review your case and give you an evaluation if you are not sure what is your best option. Give us a call and schedule a consultation to review your particular case. Every case is different.

I was a victim of human trafficking; do I qualify for a U-Visa? You may be eligible for a U-Visa. However, you could qualify for a T visa designed for victims of human trafficking. We can review your case and give you an evaluation if you are not sure what is your best option.

Give us a call and schedule a consultation to review your particular case. Every case is different.

I still have questions; can I call you? Of course, we are here to answer all your questions. Give us a call and schedule a consultation to review your case.

Sources: https://www.uscis.gov/humanitarian/victims-of-human-trafficking-and-other-crimes/victims-of-criminal-activity-u-nonimmigrant-status

[1] https://www.uscis.gov/humanitarian/victims-of-human-trafficking-and-other-crimes/victims-of-criminal-activity-u-nonimmigrant-status