U Visa
Suppose you or a loved one currently reside in the United States and are undocumented but have suffered from a violent crime or other criminal activity. You may be eligible for a U Visa if you are a victim of certain crimes.
The dedicated team at Francis Law Center is committed to upholding the rights of those facing immigration issues, including victims of violent crimes. Accordingly, we strive to provide the necessary support for a favorable outcome.
What is a U Visa?
The U Visa offers a lifeline to victims of serious criminal offenses. It grants immunity to those who have suffered physical or psychological harm and wish to collaborate with law enforcement to prosecute criminal activities.
The U Visa was established through the Victims of Trafficking and Violence Protection Act, including the Battered Immigrant Women’s Protection Act, in 2000. The law aims to amplify law enforcement’s efficacy in responding to domestic violence, sexual assault, trafficking, and other felonies and provide a shield for crime victims who have been mistreated and wish to collaborate with authorities.
The U Visa facilitates such cooperation by facilitating a better relationship between law enforcement and crime victims.
Do I Qualify for a U Visa?
Eligibility for a U Visa is based on several criteria, such as you must be the victim of a qualifying criminal activity that has resulted in substantial physical or mental abuse.
You must also possess information about the crime and be willing to assist law enforcement in investigating or prosecuting criminal activity. If you have a disability or are of a young age that prevents you from providing necessary information to law enforcement, a parent, guardian, or another appropriate adult can do so in your place.
Another requirement to qualify is the crime must have occurred within the United States or violated U.S. laws, and you must be admissible to the United States. If you are inadmissible, you may apply for a waiver through Form I-192, Application for Advance Permission to Enter as a Nonimmigrant.
Crimes that Qualify You for a U Nonimmigrant
To clarify the eligibility criteria for a U Visa, the U.S. government has defined the various crimes that permit victims to apply for U Visa status.
These transgressions are permissible for the U Nonimmigrant Status:
- Abduction
- Abusive Sexual Contact
- Blackmail
- Domestic Violence
- Extortion
- False Imprisonment
- Female Genital Mutilation
- Felonious Assault
- Fraud in Foreign Labor Contracting
- Hostage
- Incest
- Involuntary Servitude
- Kidnapping
- Manslaughter
- Murder
- Obstruction of Justice
- Peonage
- Perjury
- Prostitution
- Rape
- Sexual Assault
- Sexual Exploitation
- Slave Trade
- Stalking
- Torture
- Trafficking
- Witness Tampering
- Unlawful Criminal Restraint
- Other Related Crimes
This includes the commission of a qualifying crime, an attempt, conspiracy, or solicitation to commit the crime, and any similar activity with substantially identical elements.
The U Visa Process
Once it has been determined you are a candidate for a U Visa, you must go through the following process:
Cooperation with law enforcement is required to obtain U Visa status as a victim. It involves seeking certification from law enforcement and assisting in detecting, investigating, and/or prosecuting the qualifying crime. Based on their assessment of your cooperation and helpfulness, law enforcement will decide whether to sign Form I-918 and/or Supplement B.
U Visa Petition
If you are located within the U.S., you must submit the following documents to USCIS:
- Form I-918, Petition for U Nonimmigrant Status
- Form I-918, Supplement B, U Nonimmigrant Status Certification. Form I-918, Supplement B, must be signed by a law enforcement agency’s authorized official and confirm that you have been, are, and verify that you have provided, are currently providing, or will be of assistance in the investigation or prosecution of the qualifying crime.
- Any documents proving your identity, like a valid passport or birth certificate.
- A written account detailing the crime in which you were a victim.
- Evidence in the form of police and court records demonstrating that you were a victim of the crime.
- Medical evidence, such as letters from healthcare professionals, photographs, and sworn statements, demonstrating the substantial physical or mental harm caused to you due to the crime.
- Testimonies from family and friends detailing the abuse you faced due to the crime.
- Any other documentation or evidence that would help prove eligibility with a clear picture of the abuse you endured because of the crime.
- If you have any past immigration violations that render you inadmissible, you must file Form I-192, Application for Advance Permission to Enter as Nonimmigrant, to request a waiver of the inadmissibility.
Processing Times
After USCIS reviews the petition to determine its eligibility, it may require more evidence. If all requirements are met, but the U Visas for that year are at capacity (10,000 annually), USCIS will add you to a waiting list. After a visa becomes available, USCIS verifies eligibility again, and then the U nonimmigrant status is officially approved.
Common Challenges in Obtaining a U Visa
Obtaining a U Visa can be challenging, including determining eligibility and receiving certification from law enforcement agencies. Gathering sufficient evidence and facing long processing times can also present difficulties. In addition, navigating inadmissibility issues and the complex process without legal representation can further complicate the U Visa application process.
Why Choose Francis Law Center to Navigate the U Visa Process
At Francis Law Center, we specialize in navigating the complex U Visa process for victims of criminal activity. Our experienced attorneys provide personalized support to help clients succeed.
With a proven track record and offices in Schaumburg, IL, Chicago, IL, Naperville, IL, and Madison, WI, led by expert Dr. Jae Francis Lee, you can trust us for thorough research and successful documentation. Contact us today to start the process.
