To qualify for the U visa, the crime must have happened within US territory. Also, the victim of the crime must fulfill several criteria, such as:

• Be the victim of one of the crimes listed below.

• Have suffered physical or mental abuse from the crime.

• Be willing to cooperate with the US government regarding that crime.

• Have information regarding the crime which they share with law enforcement. If the victim is under 16 years old, they may have a family member or guardian share the information for them.

• The victim is admissible as a non-immigrant in the US. In case the victim is inadmissible, they must file Form I-192, Application for Advance Permission to Enter as a Non-immigrant. If this form is approved, the inadmissibility will be waived.

The following crimes qualify for the U Nonimmigrant Status:

• Abduction

• Trafficking

• Manslaughter

• Slave Trade

• Obstruction of Justice

• Female Genital Mutilation

• Abusive Sexual Contact

• False Imprisonment

• Felonious Assault

• Sexual Exploitation

• Witness Tampering

• Fraud in Foreign Labor Contracting

• Blackmail

• Stalking

• Kidnapping

• Involuntary Servitude

• Domestic Violence

• Unlawful Criminal Restraint

• Extortion

• Torture

• Peonage

• Hostage

• Prostitution

• Incest

• Perjury

• Murder

• Rape

• Sexual Assault

• Other similar crimes

However, attempt, conspiracy, or solicitation to commit the above-mentioned crimes might also be sufficient for a U visa.

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Rights of U Visa Holders

Those victims who are granted U visa status have the right to remain in the US for the period that their visa is valid. They become legal non-immigrants and have the following rights:

• Open a bank account.

• Get a driver’s license.

• Enroll in an academic or vocational study.

• Work as legal employees.

The last part which includes the right to work is automatic for U visa holders. Immediately after the victim is granted U status, they obtain the Employment Authorization Document (EAD) and do not need to file Form I-765, Application for Employment Authorization to get it.

With the EAD, U visa holders can work in any legal industry and in any capacity, both full and part-time. Additionally, they do not need to find a job immediately, but the EAD only gives them the right to work whenever they want or feel able to.

Steps to Apply for U Visa

When applying for a U Visa, the victim will need to complete a few main steps, in order to get the visa. These steps are as listed and clearly explained below:

• Cooperate with law enforcement to get the status of a victim
  By requesting law enforcement certification, and assist them in the detection, investigation, and/or prosecution of the qualifying crime, a victim of which you are. Law enforcement will then make a decision whether you should sign Form I-918 and/or Supplement B.

• Complete the online application form
  To begin the application process for a U visa you should fill in Form DS-160, Application for Non-immigrant Visa. The form is online and is the first step for applying for any non-immigrant visa. When you submit all of your information and the details of the visa you are applying for, you will get a confirmation page and number, which you will need for your documents file.

Required Documents

If you are inside the US at the time of the application, you must send these documents at USCIS:

• Form I-918, Petition for U Non-immigrant Status.

• Form I-918, Supplement B, U Non-immigrant Status Certification. This is your Certification of Helpfulness which is released by a law enforcement official and agency. It must state that you were helpful in the criminal case or that you will be helpful in the future for a successful investigation.

• A personal statement which describes your situation, the crime that you were a victim of and the abuse you have suffered.

• Police and court records proving you were a victim of the crime.

• Medical records from doctors and hospitals which prove you have suffered substantial physical or mental abuse directly from the crime. This can involve letters, photographs, or affidavits.

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• Documents proving your identities, such as a valid passport or birth certificate.

• Letters from family and friends which describe your abuse due to the crime.

• If you are inadmissible because of past immigration violations, you must file Form I-192, and have it approved.

If you are out the US, submit these documents to the US Embassy:

• DS-160 confirmation page

• One US Visa photograph meeting the Photo Requirements.

Processing & Approval

• Wait for visa processing
  One US Visa photograph meeting the Photo Requirements. The USCIS then reviews the petition for eligibility and requests more evidence if necessary. If you meet the criteria to get a U Visa, but the statutory cap for the fiscal year has been met (10,000 per year) USCIS will place you on a waiting list.

• After visa approval
  Once a visa is available, USCIS reviews the file to verify eligibility, once again. If determined that you are eligible, your petition for a U non immigrant status will finally be approved.

If applying from outside the US

If you are outside the US, you must take these steps:

• File all the above-mentioned documents to the Vermont Service Center.

• Schedule an interview at your nearest US Embassy and obtain a visa appointment letter.

• Conduct the interview with a US Embassy Official.

Whether you are applying from within or outside the US, you must get your petition approved from USCIS to qualify for the U visa. When USCIS approves your petition, you will get a Form I-797, Notice of Action, which you must attach to your documents.

In addition, you will be required to send in biometric information to USCIS or the Vermont Service Center. Besides photographs, this also includes fingerprints.

Cost of U Visa

How much does it cost to apply for a U visa?

Since this applies to victims of crimes and violence, the application procedure is free of charge. There are no USCIS filing fees to apply for the I-918, but there are fees for filing some of the forms. However, to avoid these fees, you can file for a waiver by sending in a written request or Form I-912, Request for Fee Waiver.

Processing Time

How long does it take to process U visa?

After you send in your application, you must wait for USCIS to process it. Unfortunately, it can take from 5 to 6 years for the U visa to be processed and approved.

The processing times may vary widely though, since for example, if you are required to send in additional evidence to USCIS, processing times may become longer.

From the time that your petition for the U visa is approved and stamped on your passport, it is valid for a maximum of 4 years. During those 4 years, you are allowed to live and work in the US as a non-immigrant.

Extensions

When your status is close to expiring, you can request an extension from USCIS. Extensions are done by filing Form I-539, Application to Extend/Change Non immigrant Status.

However, getting this extension is particularly difficult and only depends on the following reasons:

• Your information is needed from law enforcement agencies.

• You are needed on exceptional circumstances.

• There are delays in consular processing.

U Visa Cap

The U visa based on US government directives has a cap. This means that there is a limited number of these visas issued each year. In total, no more than 10,000 U visas may be given in one fiscal year. This includes only the principal applicants, so the victims, and not their family or dependents.

If there are too many applications in one year, the US Citizenship and Immigration Services (USCIS), which is in charge of these visas is allowed to create a wait list for those who qualify for the U visa. The people on the wait list are granted employment authorizations, and when more U visas become available, they automatically get them.

Green Card Eligibility

When you have a U visa for 3 years, you are eligible to apply for a Green Card. To be eligible for US permanent residence, besides having the U visa for 3 years, you must also have complied with US law enforcement requests.

So, you must have shared all information regarding the crime to the police and not withheld anything.

Family Members & Dependent Visas

As mentioned, with a U visa, you are allowed to bring your spouse, children, parents, and siblings under some circumstances with you in the US.

After you get your own U visa, you can then petition for family members by filing Form I-918, Supplement A, Petition for Qualifying Family Member of U-1 Recipient.

The U visa for victims of crimes has several types of statuses granted to the principal victim and the derivative family members. These are the types of visas for dependents of U visa holders:

• U-2 visa is a derived U visa for the spouse of the U-1 visa holder. The US only accepts legal marriage which can be proven through certificates and ceremonies and does not accept multiple spouses.

• U-3 visa is for the children of the U-1 visa holder who have valid birth certificates.

• U-4 visa is for the parents of the U-1 visa holders. The U-1 visa holder must be under 21 years old for the parents to qualify for a U-4 visa.

• U-5 visa is for unmarried siblings under 18 years old of the U-1 visa holder. For the siblings to qualify for a U-5 visa, the U-1 visa holder must be under 21 years old.

Despite the five types of U visas, the primary U-1 visa holder must have an approved and valid visa for the other family members and dependents to be eligible to apply for one.

If your family members are eligible and approved the U dependents visas, they are also allowed to file for work authorization and start employment. Their EADs will not be granted automatically, but they have to apply for them.

Green Card for Family Members

Additionally, if you are given a Green Card, your family members can also apply for the Green Card by filing Form I-929, Petition for Qualifying Family Member of U-1 Non immigrant. This petition must be filed for each family member individually.