U Visa

What Is a U Visa?

U visa is a very powerful immigration category for crime victims and family members inside and outside the United States. It is n nonimmigrant status created by Congress for non-citizens who have been the victims of certain qualifying crimes. Congress created this special visa category with the passing of the Victims of Trafficking and Violence Protection Act (including the Battered Immigrant Women’s Protection Act) in October 2000. The legislative initiative was enacted to encourage victims to report crimes and contribute to investigations and prosecutions regardless of immigration status.

There are 10,000 U visa numbers available in this category per year. Although certain qualifying family members are eligible for a derivative U visa but do not count against the annual cap. If you are an undocumented immigrant, an U visa may be an option as it provides a pathway to a green card.

Who can file U Visa?

U Visa is a form of humanitarian relief for victims of certain crimes. It is an ideal immigration option if you are or were a victim of certain crime and willing to cooperate with the police or court. U visa is specifically for undocumented immigrants who are otherwise inadmissible such as entering the United States without inspection, false claims to US Citizenship, crimes of moral turpitude, misrepresentation issues, among other serious immigration violations. Under normal circumstances, these immigration violations are difficult to overcome but if you are qualified for U visa, they can be waived or forgiven.

U Visa Qualifying Crimes:

To qualify for a U visa, you must meet the following requirements:

  1. Be the victim of one or more criminal activities. These criminal activities include but not limited to:

  • 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*

*Includes any similar activity where the elements of the crime are largely similar. Also includes attempt, conspiracy, or solicitation to commit any of the above and other related crimes.

U Visa Requirements

  1. Have suffered substantial physical or mental abuse as a result of the crime;

  2. The crime occurred in the United States or the territories and possessions of the United States, or violated U.S. laws;

  3. Have information about the crime;

  4. Have been or you are likely to be helpful in assisting law enforcement in the investigation or prosecution of said crime; and

  5. Eligible to apply for entry into the United States, or to apply for a waiver of inadmissibility.

When filing for a U visa, it is necessary to supply a signed certification from an authorized official of the certifying law enforcement agency.  The official must confirm that you are indeed the victim of a crime, and that you have been, you are being or you are likely to be cooperating with the investigation or prosecution of the crime.

In addition, you will provide a personal statement describing the crime and any additional evidence available to support each eligibility requirement.

After three years on U visa status, you will be eligible to apply for permanent residence (a “green card”), provided that you have had continuous presence in the U.S. for at least 3 years since admission, have not left the U.S. for more than 90 days, and have complied with reasonable requests from law enforcement.

U Visa Process and Timeline

To begin the U-Visa process, the non-citizen must first obtain a U-Visa Certification proving that he/she is the victim of a qualifying crime and that he/she is willing to assist law enforcement in the investigation and/or prosecution of the crime. once a U visa certificate is certified, it is only valid for 6 months from the date of certification by the qualifying law enforcement agency. Hence, the non-citizen must file a petition for U non-immigrant status within 6 months. If the non-citizen has any inadmissibility issues, a separate waiver should be filed concurrently with the initial U-Visa petition. Due to the complexities of a U-Visa petition, it is highly advised that non-citizens seek legal representation for assistance.

Hire an experienced U Visa Immigration Attorney

If you lack lawful status here in the U.S. and believe you may be eligible for a U Visa, contact Neils Law to schedule a consultation.

The list of qualifying crimes is not exhaustive, as some crimes will still quality that are substantially similar. Although U visas involve a long process, they are an important option for victims of qualifying crimes in their immigration cases. We have successfully assisted numerous U Visa victims to legally live in the U.S. Contact us today to schedule a confidential consultation.  

Call us today at (415) 744-4721to speak with a knowledgeable and compassionate attorney who can answer your questions and help you navigate the U Visa application process.