U Visas Help People Escape from Criminal Activities
Pathway to U.S. Permanent Residency Through the U-Visa Process
The U Visa is a U.S. nonimmigrant visa for victims of certain crimes who have suffered substantial physical or mental abuse and are willing to assist law enforcement or government officials in the investigation or prosecution of criminal activity.
Here’s a detailed overview of U Visa, eligibility, and the U Visa immigration process:
Information on the U Visa Process
Key Features of the U Visa
- Purpose: Protect victims of certain crimes and suffered substantial physical or mental abuse.
- Eligibility for Work: U Visa holders are authorized to work in the U.S.
- Path to Green Card: Eligible for permanent residency after three years.
- Family Benefits: Certain family members of the U Visa applicant may also qualify for derivative visas.
Eligibility for U Visa
To qualify for a U Visa, you must meet the following criteria:
- Victim of a Qualifying Crime:
- The crime must have occurred in the U.S. or violated U.S. laws.
- Qualifying crimes include:
- Domestic violence
- Sexual assault
- Human trafficking
- Kidnapping
- Felonious assault
- Witness tampering
- Extortion
- Murder or manslaughter
- Other related crimes or attempts to commit these crimes.
- Suffered Substantial Physical or Mental Abuse:
- Demonstrate that the crime caused significant physical or emotional harm.
- Helpfulness to Law Enforcement:
- You must assist or be willing to assist law enforcement or government officials in the investigation or prosecution of the crime.
- Admissibility:
- If you are inadmissible (e.g., unlawful entry, prior removal, or criminal convictions), you must file a waiver using Form I-192.
Application Process When Applying for a U Visa
STEP 1: Obtain Law Enforcement Certification
STEP 2: File Form I-918 (Petition for U Nonimmigrant Status)
STEP 2: File Form I-918 (Petition for U Nonimmigrant Status)
- Form I-918, Supplement B:
- Obtain a certification from a law enforcement agency, prosecutor, judge, or other authorized official stating that you have been helpful, are being helpful, or are likely to be helpful in the investigation or prosecution of the crime.
- Agency Approval:
- The law enforcement agency must sign this form. The certification is essential but does not guarantee approval of your U Visa.
STEP 2: File Form I-918 (Petition for U Nonimmigrant Status)
STEP 2: File Form I-918 (Petition for U Nonimmigrant Status)
STEP 2: File Form I-918 (Petition for U Nonimmigrant Status)
- Prepare Form I-918:
- This is the main application form to request U Visa status.
- Include Supporting Evidence:
- Police reports, court records, or other documentation of the crime.
- Proof of substantial physical or mental abuse (e.g., medical reports, psychological evaluations).
- Personal statements describing the crime, its impact, and your assistance to law enforcement.
- Proof of identity (e.g., passport, birth certificate).
- File a Waiver (If Necessary):
- If you are inadmissible, file Form I-192, Application for Advance Permission to Enter as a Nonimmigrant.
- Submit Application:
- File Form I-918 and all supporting documents with USCIS.
Filing Fee:
- There is no filing fee for Form I-918.
- There is a fee for Form I-192 unless a waiver is requested.
STEP 3: Wait for USCIS Processing
STEP 2: File Form I-918 (Petition for U Nonimmigrant Status)
STEP 3: Wait for USCIS Processing
- Initial Review:
- USCIS will review your application for completeness and evidence.
- If evidence is missing, you may receive a Request for Evidence (RFE).
- Deferred Action and Work Authorization:
- If your U Visa application is placed on the waitlist due to the 10,000 annual cap, USCIS may grant deferred action and allow you to apply for work authorization.
Processing Time:
- Form I-918 processing times vary but often take 4–6 years, depending on case complexity and USCIS backlogs.
STEP 4: Approval of U Visa
STEP 5: Apply for Adjustment of Status (Green Card)
STEP 3: Wait for USCIS Processing
- If approved, you will receive U nonimmigrant status valid for 4 years.
- You may apply for a work permit and live in the U.S. during this time.
Derivative U Visas for Family Members
Eligible family members may apply for derivative U Visas:
- If You Are Over 21:
- Spouse (U-2)
- Unmarried children under 21 (U-3)
- If You Are Under 21:
- Spouse (U-2)
- Unmarried children under 21 (U-3)
- Parents (U-4)
- Unmarried siblings under 18 (U-5)
Family members must file Form I-918A, Supplement A, with supporting documentation.
STEP 5: Apply for Adjustment of Status (Green Card)
STEP 5: Apply for Adjustment of Status (Green Card)
STEP 5: Apply for Adjustment of Status (Green Card)
After holding U Visa status for 3 years, you can apply for permanent residency (a green card) by filing Form I-485.
Eligibility for Green Card:
- Maintain continuous physical presence in the U.S. for 3 years while holding U Visa status.
- Continue to cooperate with law enforcement, if required.
- Demonstrate that remaining in the U.S. is in the public interest.
Filing Fee:
- The filing fee for Form I-485 is $1,140, but fee waivers are available for U Visa applicants.
Processing Time:
- Adjustment of status typically takes 12–24 months.
Are There Benefits for Applying for a U Visa?
Obtain Permanent Residency in the U.S.
A U Visa provides significant benefits to victims of criminal activities, including the ability to legally remain in the United States for up to four years, obtain employment authorization, access to federal and state benefits, a pathway to permanent residency after three years, and the ability to bring certain family members to the U.S. as derivative beneficiaries; essentially allowing them to live and work in the country while assisting law enforcement in investigations and prosecutions of criminal cases.
- Protection from Deportation:
- U Visa recipients cannot be deported while their application is pending or once approved.
- Work Authorization:
- U Visa holders can apply for a work permit.
- Path to Permanent Residency:
- After 3 years, U Visa holders can apply for a green card.
- Family Reunification:
- Eligible family members can join you in the U.S. on derivative U Visas.
These benefits aim to provide safety, stability, and opportunities for individuals fleeing persecution and violence in their home countries.
Are There Any Challenges to Consider?
Important Considerations
- Annual Cap:
- Only 10,000 principal U Visas are issued per year. If your application is approved after the cap is reached, you will be placed on a waiting list.
- Confidentiality:
- USCIS will not notify your abuser or any other individuals about your application.
- Cooperation with Law Enforcement:
- Continued cooperation with law enforcement may be required for eligibility.
- Processing Delays:
- Due to high demand and limited annual visas, U Visa applications can take several years to process.
Cost Summary
- Form I-918: No fee.
- Form I-192 (Waiver of Inadmissibility): Fee applies unless waived.
- Form I-485 (Green Card): $1,140 (fee waivers available).
Timeline Overview
- Law Enforcement Certification: Varies (depends on agency response time).
- Form I-918 Processing: 4–6 years.
- U Visa Validity: 4 years.
- Adjustment of Status (Form I-485): 12–24 months.
The U Visa offers critical protection and immigration benefits to crime victims willing to assist in law enforcement efforts. If you need help preparing your application, gathering evidence, or understanding the process, feel free to ask!
Begin The Process to Free You from Criminal Activities Now
Our U Visa Experts Are Ready to Assist You
A U Visa is a way to slow down or stop deportation, and live and work legally in the U.S. If you receive a U Visa, after a few years you can apply for a green card (permanent residency). A victim’s parents, siblings, and children can qualify for a U visa too. Let the U Visa process experts here at New Path Group Services assists you from the oppression you are escaping from.