What Are the Eligibility Requirements for a U Visa and How Do You Apply?

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—

• They have been the victims of “qualifying criminal activity”
• They have suffered “substantial physical or mental abuse” due to the crime
• They have information about the crime
• They have been or are likely to be helpful to law enforcement in prosecuting the crime
• The crime occurred in the US or violated US laws
• They are admissible to the United States

(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:

• Spouses or widows/widowers
• Unmarried children under age 21
• Parents of a victim who was under age 21 at the time of the crime
• Unmarried siblings under age 18, if the victim was under age 21

A bystander victim may qualify if they suffered an “unusually direct” injury due to the crime.

Qualifying Criminal Activity

Qualifying crimes include:

• Felonious assault
• Domestic violence
• Obstruction of justice
• Manslaughter and murder
• Female genital mutilation (FGM)
• Rape and abusive sexual contact
• Peonage (being forced to work off debts)
• Abduction, kidnapping, and false imprisonment
• Solicitation to commit any crime named in the list of qualifying criminal activities

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:

• Reporting the crime
• Providing information
• Providing evidence
• Testimony in court

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:

• Physical injuries or illness directly resulting from the crime
• Worsened pre-existing injuries or illness
• Anxiety
• Depression
• PTSD or other mental health disorders

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—

• Been unlawfully present in the US
• Admitted to or been convicted of crimes of moral turpitude, or multiple less serious offenses

—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:

• Form I-918, Petition for U Nonimmigrant Status (the visa petition)
• Form I-918, Supplement B, U Nonimmigrant Status Certification (confirming that you helped law enforcement and certified by the agency that you assisted)
• Form I-192, Application for Advance Permission to Enter as Nonimmigrant (requesting a waiver of inadmissibility, if you will need one)
• Form I-765, Application for Employment Authorization (if necessary)
• Supporting documents and evidence, such as letters and medical records

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:

• Their spouse and children, if the petitioner is 21 or older
• Their parents, spouse, children, and unmarried siblings under age 18, if the petitioner is younger than 21

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.