What is a U Visa?
Individuals who have been victims of qualifying criminal activity are entitled to a U visa. A key element to qualify for a U Visa is that you must have suffered a substantial physical or mental injury.
In order to be eligible for a U Visa, the following requirements must be satisfied:
- You are the victim of a qualifying criminal activity;
- You’ve suffered physical or mental abuse as a result of being a victim of this crime;
- You have information about the criminal activity and were helpful to the police or another government agency in investigating or prosecuting the crime;
- The crime happened in the United States or violated United States law;
- You are admissible to the United States or you are eligible for a waiver of inadmissibility.
What are examples of qualifying criminal activity?
- Abusive Sexual Contact
- Blackmail
- Domestic Violence
- Felonious Assault
- Kidnapping
- Rape
- Sexual Assault
- Stalking
- Trafficking
- Witness Tampering
You can view the full list here.
What is the application process like?
First, a government agency investigating or prosecuting the qualifying criminal activity must sign a certification stating that you have been helpful to the investigation or prosecution. Next, you must submit the application form, evidence of the harm you suffered, and a personal statement describing the harm.
Who can qualify as a derivative in your application?
Some qualifying family members can be included as derivatives on your U visa application based on their relationship to you.
If you are over 21 years of age, you can include your spouse and your children.
If you are under 21 years of age, you can include your spouse, children, parents, and any siblings who are under 18 years old.
Your spouse’s martial relationship to you must exist at the time of filing. This means that you need to be married to a spouse at the time of filing the application. Only then can you include a spouse as a derivative.
Can I become a legal permanent resident after obtaining a U visa?
If you have had your U visa and been physically present in the United States for a continuous period of at least three years, you may be eligible to apply for legal permanent status.
Is there an annual cap on U visas?
USCIS can only provide a certain amount of visas to principal applicants each fiscal year. Only 10,000 visas can be provided annually. However, if the cap is reached before the end of the fiscal year, USCIS creates a waiting list of eligible applicants. Individuals on the waiting list can be granted deferred action. Waitlisted individuals are also eligible to apply for work authorization until additional U visas become available.
There is no cap for family members who apply as derivatives.
Please note that this is an overview of the U visa application process and does not constitute legal advice. If you have been the victim of a crime, please call Aparisi Law to schedule a consultation.
