The U nonimmigrant status (U visa) offers vital protection and legal relief 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 crime. U visa recipients are granted a work authorization card and can live and work legally in the United States for up to four years, with a path to lawful permanent residency (green card) after having a U visa for three years.
The U visa serves as a beacon of hope for survivors of crime who courageously step forward to help law enforcement while navigating their own recovery. Understanding the eligibility criteria and gathering the right documentation is essential to building a strong case.
To qualify for a U visa, an applicant must meet all of the following criteria:
1. Victim of a Qualifying Crime
You must have been a victim of a qualifying criminal activity, such as:
- Domestic violence
- Sexual assault
- Human trafficking
- Kidnapping
- Felonious assault
- Extortion
- Witness tampering
- Other serious offenses
A full list of qualifying crimes is provided by U.S. Citizenship and Immigration Services under INA § 101(a)(15)(U). See also: https://www.uscis.gov/humanitarian/victims-of-criminal-activity-u-nonimmigrant-status.
2. Suffered Substantial Physical or Mental Abuse
You must demonstrate that you suffered substantial harm as a result of the crime. This may include:
- Physical injuries
- Psychological trauma
- Lasting emotional distress
3. Helpful to Law Enforcement
You must be, have been, or are likely to be helpful in the investigation or prosecution of the crime. This includes:
- Reporting the crime to authorities
- Cooperating with police or prosecutors
- Providing information that aids law enforcement efforts
A law enforcement certification (Form I-918, Supplement B) is required as proof of this cooperation.
4. The Crime Occurred in the U.S. or Violated U.S. Laws
The criminal activity must have:
- Taken place in the U.S., its territories, or possessions, and
- Violated U.S. federal, state, or local laws
Applicants must also be admissible to the United States. If you are not, based on your immigration history, you may request a waiver using Form I-192 (Application for Advance Permission to Enter as a Nonimmigrant).
Certain qualifying family members may be included in your U visa petition:
- If you are under 21 years old: Your parents, unmarried siblings under 18, spouse, and children may be eligible to apply with you.
- If you are 21 years or older: Your spouse and children may qualify to apply with you.
Each derivative must meet specific requirements and file appropriate forms.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
