U Visa: Complete Guide for Crime Victims

The U Visa is a special immigration status created by Congress to protect victims of certain crimes who have suffered mental or physical abuse and cooperate with authorities in the investigation or prosecution of the crime. This visa is especially important for undocumented immigrants who have been victims of crimes.

Who Qualifies for the U Visa?

To be eligible for a U Visa, you must meet the following requirements:

• You were a victim of a qualifying crime (see full list at uscis.gov)
• You suffered substantial physical or mental abuse as a result of the crime
• You have useful information about the crime
• You cooperate with law enforcement in the investigation or prosecution of the crime
• The crime occurred in the U.S. or violated U.S. federal laws

Qualifying Crimes

Qualifying crimes include (among others): domestic violence, sexual assault, human trafficking, kidnapping, stalking, extortion, hate crimes, and other similar offenses. The full list is available on USCIS's website.

Benefits of the U Visa

• Legal status in the U.S. for up to 4 years
• Work authorization (Employment Authorization Document)
• Ability to include qualifying family members (spouse, minor children, parents if the applicant is under 21)
• After 3 years with U Visa status, ability to apply for permanent residency (green card)
• Waiver of certain grounds of inadmissibility

The Application Process

The application process includes obtaining certification from a law enforcement agency (Form I-918B), completing Form I-918, and submitting all required documentation to USCIS. Since there is an annual cap of 10,000 U Visas, a waiting list exists. However, those on the waiting list may receive a 'deferred action' that temporarily protects them from deportation.

Why You Need a Lawyer

The U Visa process is complex and requires detailed documentation. An immigration attorney with U Visa experience can help you gather necessary evidence, obtain law enforcement certification, and present a strong application. Many non-profit organizations also offer free or low-cost assistance to crime victims. Use our directory to find a U Visa specialist in your area.