What is the U Visa and who can request it?
The U Visa is an immigration status in the United States intended to protect victims of certain crimes who have suffered physical or mental abuse and have cooperated with authorities in the investigation or prosecution of the crime. This visa offers a path to legal residency in the United States, providing protection to those who have been victims of serious crimes.
The U Visa offers multiple benefits to those who obtain it. It allows the beneficiary to live and work legally in the United States, giving them the opportunity to establish themselves safely in the country.
In addition, after three years of holding this status, it is possible to apply for permanent residence, which represents a path to greater immigration stability.
Another important aspect is that this visa allows eligible family members to be included in the application, such as spouses, children, and, in some cases, parents and siblings, thus offering protection to the entire family. Likewise, the U Visa protects victims from deportation, guaranteeing a legal status that gives them peace of mind and the possibility of rebuilding their lives without fear of being removed from the country.
U Visa Requirements
To qualify for a U Visa, the applicant must meet the following requirements:
- Have been the victim of a qualifying crime under the law, such as domestic violence, sexual assault, human trafficking, and kidnapping, among others.
- Have suffered substantial physical or psychological abuse as a result of the crime.
- Have cooperated or be willing to cooperate with authorities in the investigation or prosecution of the crime.
- The crime occurred in the United States or violated the laws of the country.
- Be admissible to the US or request a pardon through Form I-192 if there is a criminal record that requires it.
- Gather evidence and obtain a certification: Form I-918, Supplement B, signed by a law enforcement agency confirming the applicant’s cooperation, is required.
- File Form I-918: This must be completed and submitted along with evidence of harm and cooperation with law enforcement.
- Apply for a waiver if necessary: If the applicant has a criminal record that could affect his or her admissibility, Form I-192 must be filed.
- Wait for approval: Due to high demand, wait times can be long, but applicants may receive a work permit while they wait.
- Apply for permanent residence: After three years on a U visa, beneficiaries can apply for a Green Card.
Eligible Crimes for the U Visa
- Stalking
- Assault with a weapon
- Sexual assault
- Murder
- Blackmail
- Abusive sexual content
- Unlawful detention
- Sexual exploitation
- Extortion
- Fraud in hiring foreign labor
An immigration attorney can play a crucial role in obtaining a U Visa, guiding the applicant through each stage of the process and ensuring that all legal requirements are met. First, the attorney helps determine whether the person qualifies for a U Visa by assessing the type of crime suffered, cooperation with authorities, and available documentation.
Additionally, the attorney assists in obtaining Form I-918, Supplement B, an essential document that must be signed by a law enforcement agency or court confirming the victim’s cooperation in the investigation or prosecution of the crime.
The attorney is also responsible for gathering and presenting the necessary evidence to prove the physical or emotional harm suffered, which may include medical reports, affidavits, and police records. If the applicant has a criminal record or inadmissibility issues, the attorney can file Form I-192 to request a waiver and argue why the person deserves U visa protection.
During the process, which can be long and complex, the attorney also monitors the status of the case, responds to potential requests for additional evidence from USCIS, and advises on the next steps after approval, such as obtaining a work permit and the future application for permanent residence. Overall, having an attorney significantly increases the chances of success by ensuring that the application is filed correctly and reducing errors that could cause delays or denials.
Frequently Asked Questions
How long does it take to get a U Visa approved?
Processing time varies, but due to high demand, it can take several years. However, applicants may be eligible for a work permit while they wait.
Is it necessary to file a police report to apply for a U Visa?
Yes, it is essential to have a certification from a police or judicial agency confirming the applicant’s cooperation in the investigation or prosecution of the crime.
Can I include my family members in the U Visa application?
Yes, certain family members may be included, such as spouses and minor children. In some cases, parents and siblings may also qualify, depending on the age of the applicant.
What happens if I have a criminal record?
If the applicant has a criminal record that could affect his or her eligibility, he or she may apply for a waiver using Form I-192. An immigration attorney can help argue the case.
Does a U Visa lead to permanent residency?
Yes, after having had the U Visa for three years and meeting certain requirements, the beneficiary can apply for permanent residence in the US.