U Visa
The U visa is a non-immigrant, temporary visa which allows a non-United States citizen crime victim, who has suffered substantial physical or mental abuse resulting from certain forms of criminal activity and who cooperates in the investigation or prosecution of the criminal activity, to remain in the United States for up to four years.
In October 200, Congress passed the Victims of Trafficking and Violence Protection Act (VTVPA). As part of the VTVPA, Congress sought to strengthen the ability of law enforcement agencies to detect, investigate and prosecute crimes against immigrants. In order to do this, Congress recognized that victim cooperation and assistance is often the key to effective detection, investigation and prosecution of crimes. Where the victims are immigrants, their immigration status in the United States can affect their ability to cooperate and assist in these efforts. Thus Congress provided a specific avenue for immigrant crime victims to obtain lawful immigration status. Congress did this by amending certain sections of the Immigration and Nationality Act (INA) to create the “U visa.”
Alien victims of certain qualifying criminal activity
Eligibility
1) The alien has suffered substantial physical or mental abuse
2) The alien must possess specific facts regarding the criminal activity leading a certifying official to determine that the petitioner has, is, or is likely to provide assistance to the investigation or prosecution of the qualifying criminal activity.
3) The alien has been helpful, is being helpful, or is likely to be helpful to a certifying agency in the investigation or prosecution of the qualifying criminal activity
4) The qualifying criminal activity occurred in the United States
Application procedures for U nonimmigrant status –
1) Filing a petition. Submit, by mail, Form I-918
2) Initial Evidence
i. Form I–918, Supplement B, “U Nonimmigrant Status Certification,” signed by a certifying official within the six months immediately preceding the filing of Form I–918
ii. Any additional evidence that the petitioner wants USCIS to consider to establish that: the petitioner is a victim of qualifying criminal activity; the petitioner has suffered substantial physical or mental abuse as a result of being a victim of qualifying criminal activity; the petitioner (or, in the case of a child under the age of 16 or petitioner who is incompetent or incapacitated, a parent, guardian or next friend of the petitioner) possesses information establishing that he or she has knowledge of the details concerning the qualifying criminal activity of which he or she was a victim and upon which his or her application is based; the petitioner
iii. A signed statement by the petitioner describing the facts of the victimization
iv. If the petitioner is inadmissible, Form I–192, “Application for Advance Permission to Enter as Non-Immigrant”
(3) Biometric capture
(4) Evidentiary standards and burden of proof. The burden shall be on the petitioner to demonstrate eligibility for U–1 nonimmigrant status.
(B) Notice of Approval of Form I–918 for U–1 petitioners outside the United States.
USCIS will notify the alien of such approval on Form I–797, “Notice of Action,” and will forward notice to the Department of State for delivery to the U.S. Embassy or Consulate having jurisdiction over the area in which the alien is located
7) Employment authorization. An alien granted U–1 nonimmigrant status is employment authorized incident to status. USCIS automatically will issue an initial Employment Authorization Document (EAD) to such aliens who are in the United States.
A petitioner for U–1 nonimmigrant status may apply for derivative U nonimmigrant status on behalf of qualifying family members by submitting a Form I–918, Supplement A, “Petition for Qualifying Family Member of U–1 Recipient,” for each family member either at the same time the petition for U–1 nonimmigrant status is filed, or at a later date