An Inside Look at U Visa

What is U Visa?

U visa status was introduced in 2000 to help crime victims. The purpose is to encourage victims of crime to help law enforcement to investigate and prosecute crimes without the fear of being deported from the USA. The U visa includes domestic violence, stalking, sexual assault, and felony assault, among other crimes. The complete list is added later on.

On getting a U visa, the applicant will get a work permit (Employment Authorization Document) and the ability to apply for lawful permanent residence (Green Card) after three years. After five years as a legal permanent resident, s/he can apply for citizenship (naturalization).

Requirements and Preconditions of U Visa

Victims of any of the following crimes could qualify for a U visa if the crime took place in the US:

Rape, torture, trafficking, incest, domestic violence, sexual assault, abusive sexual contact, prostitution, sexual exploitation, stalking, female genital mutilation, being held hostage, peonage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, blackmail, extortion, manslaughter, murder, felonious assault, witness tampering, obstruction of justice, perjury, fraud in foreign labor contracting, or attempt, conspiracy, or solicitation to commit any of the above-mentioned crimes.

However, just because someone was the victim of one of these crimes does not mean that s/he will automatically qualify. They have to meet the other requirements to prove and establish their position

To get a U visa, the applicant must match the following requirements as well:

1. The applicant must obtain a certification from law enforcement or another certifying agency that says all of the following:

• • The applicant is a victim of one of the U visa crimes;
  • the crime took place in the U.S., including U.S. territories and possessions, or on a U.S. military base;
  • The applicant has information about that crime; and;
  • S/he was helpful, is being helpful, or is likely to be helpful in the criminal investigation or prosecution of that crime.

1. Also, applicant has to establish that:

• • S/he suffered substantial physical or mental harm from the crime; and
  • None of the grounds of inadmissibility applies to the applicant. “Grounds of inadmissibility” are a long list of crimes and other acts that prevent people from getting status or entering the U.S. 

Note: If one of the grounds of inadmissibility applies to the applicant, s/he must ask for a “waiver” in order to be able to qualify for a U visa. It is up to the U.S. Citizenship and Immigration Service (USCIS) to decide whether s/he should get that waiver after weighing the pros and cons of the particular case.

Now come two questions:

1. What is ‘Certification from law enforcement’ and how to get it?
2. What actually refers to substantial physical and mental harm?

For the first one,

The following officials and agencies may be able to provide the law enforcement certification (Form I-918, Supplement B) that is necessary for a U visa application:

• Federal, state, or local law enforcement agencies;
• Prosecutors;
• Judges; or
• Other authorities that are responsible for the investigation or prosecution of criminal activity, such as Child Protective Services and federal and state agencies that do workplace investigations, such as Equal Employment Opportunity and Departments of Labor.

If the applicant has already reported the crime to law enforcement, s/he or their attorney can request the certification from the law enforcement agency. Many law enforcement agencies know about U visas and have employees who review certification requests. Other agencies may not be familiar with U visas. In that case, an attorney can be helpful.

The law enforcement agency can sign the certification no matter what the status of the criminal case may be. For example, even if the police never arrested a suspect in the applicant’s case, they can still sign the certification based on your report. Also, even if the suspect was found not guilty at trial, law enforcement can still sign the certification.

And for the second one,

One of the requirements to get a U visa is that the applicant must show that s/he has suffered substantial physical or mental harm due to the crime. USCIS will consider several factors when deciding whether the harm was “substantial,” including any severe or permanent damage to the victim’s appearance, health, or physical or mental well-being. Substantial harm can be shown through victim’s personal statement and through supporting evidence, such as medical reports, declarations from mental health providers, and statements from professionals or friends or family who have helped the victim since the crime. 

Validity of U visa

The U visa is offered for 4 years initially. In rare cases, the U visa status can be extended beyond four years but only if additional time is necessary due to “exceptional circumstances” or if the certifying agency provides a new certification specifically stating that victim’s presence in the U.S. is required, beyond the four years.

Work Permit on U visa

A U visa holder gets four years work permit immediately after approval of U visa.

Applying for family members

U visa applicants can apply for his/her close family members as “derivatives”. If the applicant is over 21, s/he can include his/her spouse and unmarried children under 21. If s/he is under 21, s/he can include the spouse and unmarried children, as well as his/her parents and unmarried siblings under 18.

U visa application process and required documents:

1. Form I-918, Application for U Nonimmigrant Status
2. Form I-918, Supplement B (the law enforcement certification)
3. Form I-192, the waiver for any ground of inadmissibility (if needed)
4. Form I-765 (for work permit)
5. Along with the forms mentioned above, the applicant must send USCIS a personal statement that describes how s/he was victimized. The personal statement is very important. It is the only opportunity the applicant has to tell the story so that it touches the USCIS.
6. Supporting evidence to show that applicant is eligible for a U visa.
7. To get a U visa, the applicant must show s/he suffered substantial physical or mental harm as a result of the crime. USCIS will consider several factors when deciding whether the harm was “substantial,” including any permanent or serious harm to the applicant’s appearance, health, or physical or mental well-being. Applicant can show this through personal statement and through supporting evidence, such as medical reports, declarations from mental health providers, and statements from professionals or friends or family who have helped since the crime occured.
8. Since Congress created the U visa to help law enforcement as well as crime victims, the applicant must prove that s/hewase helpful to law enforcement and willing to be helpful if needed. The main way to prove helpfulness to law enforcement is through a law enforcement certification, known as Form I-918, Supplement B, that must be signed by law enforcement and included with the U visa application.

Fees and processing time of U visa

There are no fees required to file a U visa application. Some of the related forms and processes do have fees but, depending on victim’s income or financial need, those fees can be waived. For example, there are fees associated with employment authorization and the inadmissibility waiver. The processing time of a U visa will depend on various factors, type and complexity of the case, workload on the USCIS. But typically, USCIS takes 12-18 months to process this visa.