U-Visa: Victims of Criminal Activity (I-918)

Immigrants who are victims of specific serious crimes and can provide information to law enforcement that aids in the capture of the offenders may qualify for the U Visa. This visa offers temporary legal or nonimmigrant status, protecting the holder from removal proceedings for four years, although it does not provide a pathway to permanent residency or citizenship. Once approved, the recipient receives an Employment Authorization Document (EAD) that remains valid for four years.

U- Visa: Eligibility

You might be eligible for a U nonimmigrant visa if:

• You are a victim of a qualifying criminal activity.
• You have experienced significant physical or mental abuse due to the crime.
• You possess information about the criminal activity; if you are under 16 or unable to provide information due to a disability, a parent, guardian, or next friend may provide this information on your behalf.
• You have been, are, or will be helpful to law enforcement in the investigation or prosecution of the crime; again, if you are under 16 or unable to assist, a parent, guardian, or next friend may help on your behalf.
• The crime occurred in the U.S. or violated U.S. laws.

Family Members

Certain qualifying family members may be eligible for a derivative U visa based on their relationship with the principal applicant filing for the U visa. The principal petitioner must have their U visa petition approved before their family members can qualify for their own derivative U visa.

If the principal applicant is:

• Under 21 years of age: They may petition for their spouse, children, parents, and unmarried siblings under 18.
• 21 years of age or older: They may petition for their spouse and children.

To petition for a qualifying family member, a Form I-918, Supplement A, Petition for Qualifying Family Member of U-1 Recipient, must be filed either simultaneously with the application or later.

Qualifying Criminal Activities:

Immigrants who have been victims of certain crimes can apply for the visa on Form I-918. According to the USCIS, the applicant must have suffered substantial physical or mental abuse in any of the following circumstances:

• 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
• Rape
• Sexual Assault
• Sexual Exploitation
• Slave Trade
• Stalking
• Torture
• Trafficking
• Witness Tampering
• Unlawful Criminal Restraint
• Other Related Crimes

The Process:

To petition for U-Visa nonimmigrant status, an individual must submit a Form I-918, Petition for U Nonimmigrant Status to USCIS, must also submit a Form I-918, Supplement B, U Nonimmigrant Status Certification. This form serves to confirm that you are a victim of a qualifying crime and that you are currently, have previously been, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime committed against you. It must be signed by a law enforcement official. Additionally, you need to provide evidence supporting each eligibility requirement for the U-visa, along with a personal statement detailing the crime you experienced.

Only 10,000 U visas are granted each year, not including those for immediate family members who obtained the visa.

Is it possible to apply outside the U.S.?

You may apply for U nonimmigrant status if you are outside the United States, you must:

• Submit all required forms for U nonimmigrant status to the Vermont Service Center.
• Adhere to all instructions provided by the Vermont Service Center, which will include having your fingerprints taken at the nearest U.S. Embassy or Consulate.
• If your petition is approved, you will need to go through consular processing to enter the United States, which involves an interview with a consular officer at the nearest U.S. Embassy or Consulate.

Benefits of the U-Visa

Those granted a U-visa obtain lawful status for 4 years, ability to work lawfully in the United States, and are eligible to apply for lawful permanent status (“green card”) after 3 years of being in U-visa status. Note that in some circumstances, U-visa holders will also be able to help certain family members obtain status.

Experienced Attorneys at Your Side

Our law firm offers expert guidance throughout the complex application process, ensuring that all documentation is accurately prepared, submitted and that applicants are fully prepared for any interviews or additional steps and represent them in dealings with the United States Citizenship and Immigration Services.

We are committed to helping you navigate the intricacies of U.S. immigration law and advocate for your rights.