A U visa is a non-immigrant visa set aside for victims of certain serious crimes. Obtaining a U visa allows you to temporarily live and work in the United States for up to four years. Applying for a U visa entails several steps, which include filing a government form, gathering relevant documentation, and interacting with law enforcement officers to certify that you have been a victim of a certain crime.
Before you receive this visa, you must agree to cooperate with law enforcement officers to investigate the crime. This includes wiring a detailed offense description and divulging all the relevant information to the officers. Entering the United States on a U visa allows you and your family to apply for a green card and become permanent residents.
Understanding the correct procedure to follow for your U visa application is critical to ensuring you save time and avoid mistakes that could prompt a denial. Hiring and retaining an immigration attorney is critical. Your attorney will help you gather the relevant documentation and fill out the paperwork for a successful petition.
Application Process for a U Visa
The U visa is designed to protect individuals who have suffered substantial physical and mental abuse and are willing to aid authorities in investigating the crimes. Applying for the U visa is long and requires you to follow these steps correctly:
Determining your Eligibility for the Visa
Not all U visa applicants will be eligible to remain in the United States under this status. The first step in your application process is to determine that you meet the standard requirements for the visa, including:
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You are a victim of a Qualifying crime
The aim of issuing U visas is to protect the victims of criminal acts and extreme violence. Therefore, you must prove that you are a victim of such an offense when applying for your visa. Crimes that qualify for this type of visa include female genital mutilation, domestic violence, abduction, sexual assault, involuntary servitude, kidnapping, and rape.
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You suffered Mental or Physical Abuse Resulting from the Criminal Act
You would be eligible for a U visa if you suffered substantial mental and physical harm from the violent act or crime. Physical and psychological injury are defined as harm or impairment to the physical, mental, or emotional well-being of someone. Whether or not the abuse is enough to warrant this type of visa will be determined by the following factors:
- The nature and extent of injuries you suffered from criminal acts.
- The seriousness of the perpetrator’s conduct toward you.
- The severity of the harm you suffered.
- The duration of the infliction of harm.
- Presence of permanent or irreversible harm.
Physical and mental injuries could result from one or a series of actions. You can present your medical records and other pieces of evidence that will help you prove the extent of your injuries and your need for a U visa.
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You have Critical Information About the Crime
When issuing you with this nonimmigrant visa, the law enforcement officers and investigators hope to gain information about the crime from you. While applying for the visa, you may need to write a detailed report indicating your information on the offense.
Additionally, you must cooperate with law enforcement officers to apprehend the offenders.
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The Offense Committed Against You Violates United States Laws
You must have been a victim of a serious crime like human trafficking, sexual exploitation, assault, or other serious crimes to be eligible for a U visa. Before filing the petition, you should ensure that the offender for whom you were the victim violates US laws.
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You are Admissible in the United States
Securing a U visa does not mean you can enter and remain in the United States. All immigrants who come into the US must be admissible. Admissibility, in this case, is based on your criminal history. If you have a violent conviction that makes you inadmissible, you must file for a waiver before seeking a U visa.
Prepare Form I-918
If you meet the eligibility requirements for this type of visa, you can download and fill out Form I-918. In this form, you will be required to divulge the following categories of information:
- Personal information. In your application, you must indicate your personal information, including your official name, birth certificate number, address, passport, and arrival information.
- Additional information. The answers you give to the questions on additional details will determine whether or not the United States Citizenship and Immigration Services will issue you with a U visa. These questions entail general information about your status as a victim of a severe crime.
- Processing information. The questions in this section help determine your admissibility in the United States. You will be required to provide information about your criminal history, which includes arrests, criminal charges, and convictions. Additionally, you may need to disclose information on immigration violations.
- Information about family members. Your spouse and children can file for U visas as derivatives. Therefore, your application must include information regarding the eligible parties.
Obtain Certificates of Helpfulness from Qualifying Agencies
U visas are issued to victims of serious crimes who have cooperated with the authorities. Part of your application involves obtaining a certificate of helpfulness from the head of law enforcement or a judge. This certificate affirms that you have been resourceful in providing relevant information.
Convincing law enforcement officers to provide a certificate of helpfulness is challenging. Therefore, you must have a skilled immigration lawyer to help you show the officers that you have provided information to the best of your knowledge.
Preparing Work Permit Documents for Derivative Family
As the principal applicant for a U visa, you may not need to worry about obtaining a work permit. You will receive a work permit automatically when your petition for the U visa is approved. However, if you have derivative family members who want to work in the US, you must file Form I-765 and submit it to the United States Citizenship and Immigration Services.
Submit your Petition
After completing your application and attaching all the relevant documents, you can apply to the United States Citizenship and Immigration Services. The address for USCIS offices is often listed on Form I-918. Filing a petition for a U visa is free for the primary applicant.
Attend an Interview at the consular’s Office
If you are out of the country, you may need to make an appointment with the consulate or the US embassy. The purpose of the interview is to review your application and discuss your eligibility for the visa.
Validity of a U Visa
A U visa is valid for up to four years. After residing in the US for three years, you can petition for an adjustment of status to permanent residency. The validity of your U visa could be extended based on the following circumstances:
- Request from law enforcement. A U visa allows you to stay safe and work in the United States. For law enforcement officers, allowing you to remain in the country is a chance to gain more information about criminal activities. Some cases may take years to resolve. If law enforcement officers have yet to gather enough information from you and would like your continued help, they could request that your visa validity be extended.
- Exceptional circumstances. An expiration of your U visa means you must return to your country, which could jeopardize your safety. Under special circumstances, the USCIS can extend your visa.
- Pending application for permanent residency. The immigration department handles many cases. Therefore, permanent residency will only be granted after you apply for a green card. If your U visa expires while your green card application is pending, the temporary visa can be extended.
Denial of a U Visa
While U visas are meant for victims of a particular crime, not all applicants will receive them. Some of the factors that could contribute to a U visa denial include:
Insufficient Documentation
When you apply for a U visa, you must complete Form I-918, a petition for nonimmigrant status, and submit it to the United States Citizenship and Immigration Services. This form details your eligibility for the visa. In addition to filing this form, you must provide information detailing the offense for which you were a victim. For applicants outside the US, you must undergo consular processing.
Failure to fill out the correct forms or provide sufficient information is a common reason for the denial of a U visa. You can increase your chances of receiving temporary residency by providing the proper documents to prove your eligibility. Additionally, you must ensure all the documents are ready before filing the petition to avoid last-minute mistakes.
Inadmissibility
When you apply for a U visa, you must have a clean criminal record and no immigration violations. Even when you do not disclose your criminal history, the immigration department will find it and can use it to deny your petition. If you are unsure about your eligibility, given your history, you will need the guidance of a competent immigration lawyer.
Failure to Cooperate with Law Enforcement Officers
One of the main requirements for obtaining a U visa is your ability to cooperate with law enforcement officers to investigate the crime and prosecute the perpetrators. Failure to cooperate or provide the correct information to the investigators could result in a denial of your visa.
If your U visa is denied, you can reapply. However, you must check for the mistakes that resulted in denial before reapplying. Although there is no set time limit for reapplying for a U visa, a denial can have serious negative consequences for your future attempts and immigration status. Expert guidance during your first application is important in ensuring you do not suffer a denial.
Frequently Asked Questions on the U Visa Application
Receiving a visa to remain in the United States as a victim of a serious crime can provide the relief and safety you need to move on with your life. However, the United States immigration laws are complicated, and you will need expert legal guidance to navigate the process. The following are commonly asked questions on U Visa applications:
Can I get married while in the United States on a U visa?
Yes. Although a U visa only provides temporary residency, you can go through with marriage while on this type of visa without major inconveniences. However, you must meet the minimum requirements for marriage in the US, which include the following:
- You must be of the right age before obtaining a marriage license.
- You must provide your identification documentation to prove your identity and immigration status.
If you seek permanent residency on a U visa through marriage, you must follow the right procedures that entail filing a petition for permanent residency through Form 1-130. This will only apply if you are married to a United States citizen or a permanent resident. Marriage to someone with a temporary visa or a similar immigration status as you will not impact your U visa.
Can I travel while on a U visa?
Being in the United States on a U visa does not impact your ability to travel abroad. Before leaving the US on a U visa, you must go through the following process:
- Obtain travel authorization. You must obtain travel authorization from the United States Citizenship and Immigration Services. The USCIS will only issue permission to travel outside the US in emergencies.
- Maintain your status. Obtaining a U visa is a complicated process that requires time and effort. You do not want to lose the effort by losing your immigration status. You must understand that the U visa is temporary. If your visa expires while you are out of the United States, you could have complications re-entering the country. Therefore, you should plan your travels while considering the expiration date of your visa.
- Report address changes to the USCIS. If you travel outside the country on a U visa, you must notify the USCIS about any address change. This ensures that you receive any communication about your immigration status and act on it accordingly.
What is the difference between a U visa and a VAWA visa?
Although the VAWA and the U visa are issued to victims of violence or crimes, the documents differ. The U visa is issued to victims of serious crimes who have cooperated with law enforcement officers in investigating the crimes and prosecuting the perpetrators.
A VAWA visa, on the other hand, is issued for an immigrant who has suffered abuse from their US citizen spouse or parent. Unlike the U visa, which offers temporary residency and can expire, a VAWA visa is permanent.
Will my application for a U visa be accepted if I have a criminal record?
Having a criminal history can be detrimental to your immigration process. Whether or not you will be issued a U visa will depend on the nature and specific circumstances of your crime. Immigrants who have committed serious and violent felonies may be inadmissible in the United States.
Although inadmissibility will not prevent you from applying for a U visa, you must take the necessary steps to apply for a waiver of your inadmissibility.
Can I apply for a green card with a U visa?
Obtaining a green card is the last step in receiving permanent residency in the United States. The U visa for victims of criminal activities will only offer temporary residency for a given period. You must go through the green card process if you want permanent residency. Having a U visa means that you are already in the United States. Therefore, your green card process is referred to as an adjustment of status.
Individuals living in the United States on a U visa can apply for a green card if they meet the following criteria:
- The immigrant had resided in the United States for at least three years before filing the petition.
- The immigrant has aided law enforcement officers in investigating the offense for which they were victims. A requirement of remaining in the United States on a U visa is cooperating with police officers and investigators in prosecuting the perpetrators of the offense that you were a victim of. Failure to provide the relevant information can deny you the right to have your status adjusted to a green card.
If you have family members who seek a green card based on your U visa, they must meet a separate eligibility criterion. Additionally, the person must visit the United States Embassy in their country of residence to obtain an immigrant visa before making a green card application.
Find a Competent Los Angeles Immigration Lawyer Near Me
If you are a victim of serious crimes like assault, rape, kidnapping, human trafficking, or torture, you can obtain temporary residence in the United States through a U visa. This visa allows you to live and work in the US for up to three years, after which you could file a petition for permanent residency through a green card.
Obtaining the U visa requires you to fill out the relevant documentation and prove that you are a victim of a particular crime. The immigration process is stressful and overwhelming for many immigrants. Without the proper knowledge of eligibility and the application process, you could make a mistake, causing a delay in your approval or a denial of your U visa application.
Therefore, seeking the guidance of a competent immigration lawyer is critical. At California Immigration Attorney, we understand the extreme trauma of surviving a criminal act or violence. We offer top-notch legal expertise for all our clients seeking a U visa or battling other immigration issues throughout California. Contact us today at 424-789-8809 and allow us to guide you through your immigration process.