What Is a U-Visa?

If you are the victim of a crime or crimes that happened in the United States or violated U.S. laws, you could be eligible for a U Non-Immigrant Visa.

To qualify, you must have been the victim of at least one of a specific list of crimes, you must have cooperated with whatever law enforcement agency or agencies that are investigating the crime, and the crime must have caused physical or mental abuse, This visa both protects you from the perpetrator and helps police investigate the crime so that the perpetrator can be held accountable.

This visa will give you legal status in the United States temporarily while law enforcement is tracking down and prosecuting the criminal. If you’ve been a victim, you need an experienced U visa immigration lawyer to support you every step of the way. Let our compassionate legal team help you fight for the justice you deserve.

Will a U-Visa Qualify Me for a Green Card?

Although a U-Visa is a non-immigrant visa, it does grant you specific rights. Among those rights is the ability to get a driver’s license, open a bank account, enroll in a course of study at a vocational or academic institution, or work legally in the United States.

If, however, you have held your U-Visa for three years, you may apply for a green card and become a legal permanent resident of the U.S. To qualify, though, you must have complied with all the requests of the law enforcement officers and shared everything you know with the proper law enforcement agencies.

Make sure you’re connected with an experienced immigration attorney to help you through this often-stressful process. Schedule A Consultation

How Can I Apply for a U-Visa?

First, you need to contact the law enforcement agency investigating the crime that you were a victim of. You’ll need to cooperate with their requests for information about the crime so that they provide you with victim status. At this point, you’ll need an attorney to advise you about what information you need to share with the police.

Then, you’ll need to complete the U-Visa application form. Next, you’ll need to gather up all the documents you need and submit them to a U.S. embassy or USCIS office. You don’t need to go through this process alone. Get in touch with our u visa lawyers today.

U-Visa FAQs

1. What is a U-Visa?
   • A U-Visa is a type of visa granted to victims of certain crimes who have suffered mental or physical abuse and are willing to assist law enforcement in the investigation or prosecution of the criminal activity.
2. Who is eligible for a U-Visa?
   • To be eligible, you must be a victim of a qualifying crime, have suffered substantial abuse due to the crime, be helpful to law enforcement in the investigation or prosecution, and meet certain admissibility requirements.
3. What crimes qualify for a U-Visa?
   • Qualifying crimes include domestic violence, sexual assault, trafficking, kidnapping, extortion, and other serious offenses. A complete list of crimes can be found on the U.S. Citizenship and Immigration Services (USCIS) website.
4. How long does it take to get a U-Visa?
   • Processing times for U-Visas can vary, but it generally takes several years due to the annual cap on U-Visas issued (10,000 per year). Many applicants are placed on a waiting list after the cap is reached.
5. Can family members apply for a U-Visa as well?
   • Yes, certain family members of the U-Visa applicant can also apply for a U-Visa, including spouses, children, parents (if the victim is under 21), and unmarried siblings (if the victim is under 21).
6. What are the benefits of a U-Visa?
   • U-Visa holders can legally stay and work in the U.S. for up to four years. After three years of continuous presence in the U.S. on a U-Visa, you may be eligible to apply for a green card (permanent residency).
7. What is a law enforcement certification for a U-Visa?
   • Law enforcement certification (Form I-918, Supplement B) is required to verify that you have been helpful, are being helpful, or will likely be helpful in the investigation or prosecution of the crime. Without this certification, your U-Visa application process cannot proceed.
8. Can a U-Visa be denied?
   • Yes, a U-Visa can be denied if you do not meet eligibility requirements, lack sufficient evidence, or have inadmissibility issues, such as a criminal record or immigration violations. However, applicants may apply for waivers of certain grounds of inadmissibility.
9. Is there a limit to the number of U-Visas issued each year?
   • Yes, USCIS can issue up to 10,000 U-Visas each year. Once this cap is reached, eligible applicants may be placed on a waiting list and granted deferred action, allowing them to stay in the U.S. while waiting for a visa.
10. Can a U-Visa lead to a green card?
    • Yes, after three years of continuous presence in the U.S. on a U-Visa, you may be eligible to apply for lawful permanent residency (a green card).
11. What happens if my U-Visa application is approved?
    • If approved, you will receive U nonimmigrant status for up to four years. You will also be authorized to work in the U.S. and may be eligible for certain public benefits.
12. Can I travel outside the U.S. with a U-Visa?
    • While U-Visa holders are allowed to travel, it is highly recommended to consult with U visa attorney before leaving the U.S., as travel may affect your ability to return.
13. How can a U-Visa be revoked?
    • A U-Visa can be revoked if you fail to maintain helpfulness in the investigation or prosecution of the crime, commit certain criminal offenses, or violate the terms of your visa.
14. What if I no longer want to cooperate with law enforcement after receiving a U-Visa?
    • Cooperation with law enforcement is a crucial requirement for maintaining U-Visa status. If you cease to cooperate, your visa could be revoked.
15. Do I need an attorney to apply for a U-Visa?
    • While you are not required to have a U visa attorney, navigating the U-Visa process can be complicated. An experienced immigration attorney can help ensure your application process is complete, compelling, and meets all requirements.