Understanding the U Visa: Immigration Relief for Victims of Crime

The U Visa is a critical immigration benefit that provides protection and work authorization for victims of certain crimes who have suffered significant harm and cooperated with law enforcement in the investigation or prosecution of the crime. This visa is an essential option for non-citizens who have been victims of abuse, allowing them to remain in the U.S. and ultimately apply for a green card. Here, we outline the qualifications, application process, and important considerations for the U Visa.

To qualify for the U Visa, a non-citizen must meet the following requirements:

1. Victim of a Qualifying Crime: The applicant must have been a victim of a crime listed under U Visa eligibility, such as domestic violence, sexual assault, trafficking, or other serious offenses.
2. Significant Physical or Mental Harm: The applicant must demonstrate that they experienced substantial physical or mental harm as a result of the crime.
3. Assistance to Law Enforcement: The applicant must possess information about the criminal activity and must have assisted, or be willing to assist, law enforcement in the investigation or prosecution of the crime.
4. Crime Location: The crime must have occurred in the U.S. or be a violation of U.S. laws.

The U Visa provides several advantages to the applicant and certain family members:

• Protection from Removal: The visa protects the beneficiary from deportation for four years.
• Work Authorization: The U Visa provides work authorization for the beneficiary and qualifying family members.
• Pathway to Green Card: After three years on a U Visa, the applicant and eligible family members can apply for lawful permanent residency (green card) without needing a sponsoring employer or family member.
• Waivers for Inadmissibility: The U Visa can forgive certain actions, such as unlawful presence or criminal activity, that might otherwise make someone ineligible for most immigration benefits.

Qualifying crimes include a wide range of offenses, such as:

• Domestic violence, sexual assault, trafficking, felonious assault, kidnapping, murder, obstruction of justice, witness tampering, and similar offenses where the crime’s elements are substantially similar to the listed crimes.

Significant harm can be demonstrated through documentation such as:

• Police reports, medical records, photos of injuries, psychological evaluations, and affidavits from witnesses. The harm must be substantial, and thorough documentation is crucial to building a strong case.

The U Visa application process involves several key forms and documentation:

1. Form I-918: The main U Visa application filed with USCIS, including evidence of harm.
2. Form I-918 Supplement B: This form must be signed by a government official, such as a police officer or prosecutor, confirming that the applicant has been, is, or will likely be helpful in the investigation or prosecution.
3. Form I-192: A waiver application requesting USCIS to forgive any past violations of immigration law that would typically disqualify the applicant.

• Processing Delays: U Visa processing times are currently around five years, so applicants should be prepared for a lengthy wait.
• Timing with Law Enforcement: Although there’s no strict timeframe between the crime and the U Visa application, law enforcement agencies may be less likely to sign the I-918 Supplement B if a long time has passed since the crime.
• Discretionary Approval: USCIS officers can deny applications based on discretion, particularly if the applicant has a significant criminal record or is viewed as a threat to the community.

If you think you may qualify for a U Visa, contact Scott Legal, P.C. to learn more about your options. Our experienced immigration attorneys can guide you through the complex application process, ensuring you present the strongest case possible.