U Visa

The Victims of Trafficking and Violence Protection Act of 2000 created a new non-immigrant visa for noncitizen victims of crimes, the U-visa.  The U visa is designed to provide immigration status to noncitizens that are assisting or are willing to assist authorities investigating crimes.

Generally, the U visa is designed for noncitizen crime victims who (1) have suffered substantial physical or mental abuse from criminal activity; (2) have information regarding the criminal activity; (3) assist government officials in the investigation or prosecution of such criminal activity; and (4) the criminal activity violated U.S. law or occurred in the United States or the territories and possession of the United States.

Definition of “Victim” 

To be eligible for applying the U visa, the non-immigrant applicant must be a victim. You can be a direct victim or an indirect victim. 

Direct victim 

• Direct and proximate harm
• Bystanders who suffer unusually direct injury

Indirect victim 

• Certain family members if direct victim is deceased due to murder or manslaughter, or incapacitated or incompetent: Spouse, Children under 21 and unmarried, Parents and siblings under 18 if the direct victim is under 21 years old, Age at time of qualifying criminal activity 

It is important to note that direct and indirect victims must be helpful for criminal investigations. They must have some knowledge of the crime, cannot refuse to provide reasonably requested assistance through U status, and must have ongoing responsibility to cooperate. 

Benefits of U Visa, U Certification and Other Requirements 

Unlike VAWA self-petition process, for the U visa your abuser does not need to be a U.S. citizen or lawful permanent resident.  Moreover, you do not have to have been married to the abuser to be eligible for a U visa. However, the most important part for applying the U visa is to obtain a letter from judicial authority or prosecutor’s office to complete your U Visa Certification.  

You are not required to be physically present in the US to qualify for a U visa. You can apply from abroad as long as the criminal activity violated US law or occurred in US territories.  However, there is numerical annual cap for the U visa.  SCIS can only grant U visa status to 10,000 noncitizens in each fiscal year. Nevertheless, this number does not include persons eligible for U visa derivatives status – e.g. spouses, children or parents of applicants.

Persons granted U visa status can remain in the United States for a period of up to 4 years, with possible extensions in certain cases (if you are in need of an extension, please consult us immediately).  After three years, U visa holders may apply for lawful permanent residence by filing adjustment of status in the United States.  Also, the U visa holders automatically qualify for employment authorization when they apply for the U visa.