Who May Be Eligible for a U Nonimmigrant Visa?
Immigrating to the United States is a complex process that often involves a lot of paperwork and waiting. Even once you’re in the country, processes for changing your visa status or maintaining your status appropriately can be daunting.
Getting professional legal help with the process can reduce some of the burden and help support your chances of a more positive outcome. Individuals seeking U visa status can work with an immigration attorney to understand their eligibility and complete the proper application paperwork and steps.
What Is a U Visa?
The U visa is used to create U nonimmigrant status for individuals who are suffering physical or mental abuse due to being victims of criminal activity. This particular immigration status was created in 2000 when the United States Congress passed the Victims of Trafficking and Violence Protection Act.
As with any visa status, individuals must meet specific requirements and follow through with an application process to get a U visa.
Who Is Eligible for a U Visa?
Individuals are only eligible for this visa status if they meet specific requirements. First, they must be victims of criminal activity that is considered to be “qualifying.” They also must have suffered mental or physical abuse within the context of being a victim of that activity.
Second, eligible individuals can provide law enforcement or a government agency with information that can help investigate or prosecute criminal activity in the United States or activity that otherwise breaks U.S. laws. Typically, law enforcement must deem the information and the person to be helpful or likely to be beneficial in such investigations.
Finally, someone is only eligible for a U visa if they are admissible into the country. Suppose you wouldn’t be admissible through other visa processes due to previous criminal activity, your nation of origin, or other factors. In that case, you can apply for a waiver and make a case to be considered anyway.
Individuals 16 years old or younger and those who are disabled and unable to provide information themselves may have a parent or guardian apply on their behalf. The parent or guardian can communicate the information to law enforcement.
What Are Qualifying Crimes?
You must be a victim of a qualifying crime to be considered for U nonimmigrant status. Qualifying crimes include blackmail, abduction and kidnapping, extortion, domestic violence, manslaughter, perjury, rape, sexual assault, slave trade, witness tampering, torture and female genital mutilation.
The list provided is not exhaustive, and the U.S. Citizenship and Immigration Services notes that “similar activity where the elements of the crime are substantially similar” also qualify. Each case should be considered individually to determine whether someone is a victim of a qualifying crime.
How Do You Apply for a U Visa?
You must complete Form I-918, the Petition for U Nonimmigrant Status. This form must include a certification supplement signed by an appropriate law enforcement official confirming your role in the investigation of a relevant criminal matter. Along with these forms, you may need to present documents and other evidence demonstrating that you meet each eligibility requirement for this visa status.
When individuals outside the United States begin this visa process, they must also petition for status and undergo a consular process. This includes having fingerprints taken and being interviewed by a consular officer.
How Many U Visas Are Granted Every Year?
Only 10,000 U visas are granted each year. However, this figure only refers to the principal petitioners. The process allows eligible family members, such as children or spouses, to receive a visa status, and there is no cap on family members. If you need to ensure your family receives visa status, you may need to complete additional forms and petitions.
How Long Is a U Visa Good for?
U visa status is generally valid for four years. In some cases, extensions are possible. You may be able to extend your U visa status if law enforcement continues to require your assistance and requests an extension, you experience delays in consular processing that require an extension, or you have other extraordinary circumstances. Your status is also automatically extended if you are in the process of receiving a green card.
The Benefits of Working With an Experienced Immigration Attorney
Visa processes can be complex and confusing, and a mistake on just one form can result in the unnecessary delay or denial of your application. Numerous waiver and appeal processes also exist to address potential denials, and understanding when to use each form and process is critical to optimizing your success.
While no one can 100 percent guarantee success with visa and immigration processes, as there are often limitations to how many people are approved each year, having an experienced legal professional on your side can improve your chances. An immigration attorney works to complete forms on your behalf, gather and present evidence to support your case for a visa and follow up through appeals and waiver processes. They can also provide much-needed guidance as you decide which visa path might be right for you.
For compassionate, professional help with U visa processes, reach out to the SRR Law Group LLC today by calling 507-580-7374 .
