What Are the Eligibility Requirements for a U Visa and How Do You Apply?
Many foreign workers encounter threats and violence in the US, but they hesitate to turn to the police. They often fear that prejudice, language barriers, or retaliation will make the situation worse.
This is why the government created the U visa, a tool intended to protect vulnerable non-citizens and encourage them to report serious crimes. If this applies to you, you may be able to stay in the country—even if you are undocumented.
Requirements for a U Visa
Petitioners are eligible for a U visa if—
(Source: USCIS)
Victims who are children or have disabilities preventing them from providing information may have parents, guardians, or next friends provide the information or assistance.
Three types of crime victims may be eligible for U visas: direct victims, indirect victims, and bystander victims. Indirect victims must have a specific family relationship with a victim who has died, who is disabled, or who is incompetent—including minors. They include:
A bystander victim may qualify if they suffered an “unusually direct” injury due to the crime.
Qualifying Criminal Activity
Qualifying crimes include:
This is only a partial list, and similar crimes may qualify, depending on the circumstances. The law also covers attempts or conspiracies to commit such crimes.
Victims of human trafficking—tricked or forced into laboring or sex work—may also be eligible for a T visa. Domestic violence survivors may be able to file a VAWA self-petition, seeking permanent residence without the cooperation of an abusive family member. Your immigration attorney can determine which option is best for you.
Assistance to Law Enforcement
Petitioners for a U visa must be helpful in the criminal investigation or prosecution, whether in the past, present, or future. If a U visa holder later wishes to apply for a Green Card, they must continue to be helpful “as reasonably requested” by law enforcement.
Assistance to law enforcement includes:
An immigration lawyer can help determine whether you provided enough assistance for a U visa.
Mental or Physical Injuries
The petitioner must show that they have suffered substantial mental or physical abuse. This can include:
Admissibility to the US
Visa petitioners generally need to qualify for admission to the US. This means that they must be on the right side of the law, including legal presence in the US, among other points. However, U visa applicants may be able to receive waivers for circumstances that would otherwise disqualify them. Even if you have—
—you can apply for a waiver of inadmissibility. Even so, it will depend on your record and your current position. An attorney should review your record to determine the arguments and evidence you will need to present.
How the U Visa Works
You will need to file:
The U visa is a nonimmigrant visa allowing a four-year stay with possible extensions. U visa holders can become authorized to work in the US, and some may have the option to work towards a Green Card.
The petitioner can also apply for certain relatives to stay in the US:
Only 10,000 U visas are available per year. However, there is no yearly cap on admission for relatives of U visa holders.
Don’t Go It Alone
Our immigration team wants to help you get through your visa process as quickly and safely as possible. Whatever your immigration case involves, we want to talk to you. We have offices near Chicago, Nashville, and Indianapolis. Contact us at 866-511-3422 today to schedule your first appointment.