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The U Visa is a non-immigrant (temporary) visa designed for crime victims who are willing to cooperate with law enforcement by assisting in the investigation and prosecution of criminals.
The U Visa was created by Congress in 2000 to protect those significantly affected by crime, encourage them to report it, and help law enforcement agencies reduce crime. This article will address the following points:
• Eligibility factors for the U Visa.
• How to apply for a U Visa.
• Family qualification for the U Visa.
• Green Card through the U Visa.
• Green Card for Family.
• Frequently asked questions.
If you meet the descriptions below, you could be eligible for a U Visa.
• You have suffered as a victim of a qualifying crime.
• You have suffered significant physical or mental abuse as a victim of at least one qualifying criminal activity.
• You have information about the crime committed against you.
• If you are under 16 years old or cannot provide the information directly due to a disability, a parent, guardian, or a “next friend” may assist law enforcement on your behalf. This “next friend” will represent you if you cannot do so yourself.
• You are helpful or likely to be helpful for the investigation or prosecution of the crime (called the “cooperation” requirement).
• The crime against you occurred in the United States or violated United States law.
• You are admissible (eligible) for a visa to the United States, or if you are inadmissible for any reason, you may qualify to file Form I-192, Application for Advance Permission to Enter as a Non-Immigrant (also known as a waiver of inadmissibility).
1. You must submit Form I-918, Petition for U Nonimmigrant Status, to the United States Citizenship and Immigration Services (USCIS).
2. You must also obtain a Form I-918, Supplement B, U Nonimmigrant Status Certification, signed by a certified official from a law enforcement agency certifying authority. In many cases, this includes the police or local law enforcement involved in your case, or the prosecutor’s office that handled the criminal case.
3. In some cases, a judge may complete the I-918B. The signing official must confirm that you are or will help investigate or prosecute the crime committed against you.
4. If you are not admissible to the United States, you must submit Form I-192, Application for Advance Permission to Enter as a Non-Immigrant, to request a waiver, also known as an exemption.
5. You must provide a written statement with details of the crime of which you were a victim and the harm you suffered.
6. You need to submit as much evidence as possible to support each of the eligibility requirements described above.
The U Visa petition includes a work permit for approved cases, meaning that after your U Visa case is approved, you will automatically receive a work permit.
However, at the time of filing your case, you can choose to apply for an early work permit (Form I-765 Application for Employment Authorization), which will arrive before the case is approved. This is because the decision process for the U Visa will take many years.
To apply for an early work permit, you must submit an I-765 application with all required evidence and fees at the time you file for the U Visa, or at any time while your case is pending.
If you are not in the United States, you can apply for U nonimmigrant status by following these steps:
1. Ensure you submit all required forms for U Nonimmigrant Status at the USCIS Vermont Service Center.
2. Follow all instructions provided by the Vermont Service Center. Instructions will include arrangements to obtain your fingerprints at the nearest U.S. embassy or consulate.
3. If the application is approved, you must enter the United States only after completing the Consular process, including an interview with a consular officer.
USCIS will communicate your approval by sending you a copy of Form I-797, Notice of Approval if approved for U nonimmigrant status. Make sure to keep Form I-797 in a safe place because if you decide to apply for a Green Card, you will need this document.
In some cases, family members may be eligible to receive a “Derivative U Visa” (linked to your visa) based on the specific relationship with you as the “principal petitioner.” A principal petitioner is someone who initiated the process with their Form I-918. As the principal petitioner, your age at the time of filing the I-918 makes a difference in who you can petition for a Derivative U Visa. You may be able to file derivative petitions for your family members living in the United States or abroad if:
1. If you are under 21 years old: You can file derivative petitions for your parents, spouse, children, and unmarried siblings under 18 years old.
2. If you are 21 years old or older: You can file a derivative petition for your spouse and minor children (under 21 years old and unmarried).
To file a petition for a qualified family member(s), you must submit Form I-918, Supplement A, Petition for Qualifying Family Member of U-1 Recipient. This form can be submitted simultaneously or after filing the I-918. However, it is essential to know that your family members will not be considered for a Derivative U Visa until your main U Visa petition is approved. Unlike the principal applicant, a work permit is not automatically issued to derivative family members upon approval of their case. Therefore, your family members must file Form I-765 to obtain employment authorization when the case is approved.
Similar to the Principal U Visa, your family members can also choose to submit an additional optional Form I-765 along with the filing to request early work permit authorization. This means that most Derivative U Visa cases will include two Form I-765 submissions, along with all required documents, fees, and evidence for these applications.
The U Visa offers temporary legal status in the United States and can lead to Permanent Residency. U Visa beneficiaries can apply for a Green Card to become permanent residents once they meet certain requirements. The Green Card process is also known as “Adjustment of Status.”
Eligibility
Applying for a Green Card may be an option for you, but first, several requirements must be met. Although the list of eligibility requirements is not very long, these factors are significant and must be followed.
• You must have been lawfully admitted into the United States under U nonimmigrant status (demonstrated by the I-797 Approval Notice).
• You must properly file Form I-485, Application to Register Permanent Residence or Adjust Status.
• You must be physically present in the United States for three continuous years under U-1 nonimmigrant status when you file Form I-485.
• Since a U Visa is issued for four years, this means that once you are eligible, you will have a maximum of 1 year to apply for a Green Card.
• You must apply for the Green Card before the final expiration date of your U status. Failing to do so will have serious consequences as it will result in the loss of your eligibility to apply for the Green Card through your U Visa.
• You must not unreasonably refuse to assist in the investigation or prosecution of the qualifying crime committed against you.
• You must be helpful to law enforcement from the beginning of the U Visa process until the end.
• You must not be considered inadmissible under section 212(a)(3)(E) of the Immigration and Nationality Act (INA). This means you must not engage, order, or assist in any form of persecution against a person based on their religion, race, political affiliation, or national origin. Your presence in the United States must be for public interest, family unity, or humanitarian reasons.
• You must be a good citizen with significant reasons to maintain a positive status in your community, also known as “deserving a favorable exercise of discretion.”
How to Apply for a Green Card
If you are eligible to apply for a Green Card based on the information provided above, this process involves submitting the necessary documentation within 1 year after having had 3 years under U Visa status in the United States.
Here is the list of documents you will need to submit to the United States Citizenship and Immigration Services (USCIS):
• Form I-485, Application to Register Permanent Residence or Adjust Status.
• A copy of Form I-797, Approval Notice received from USCIS to communicate the approval of your U nonimmigrant status application (Form I-918).
• Copies of each page of your passport(s) and other significant travel documents that were valid during your time in the United States as a U-1 immigrant.
• If you do not have a passport or travel document, you must provide a valid reason for not having one.
• If you leave the United States during your time as a U-1 nonimmigrant, you must provide documentation showing the dates of each departure and the date and location of each return to the United States. Additionally, you must state the purpose of each trip.
• Any individual trip outside of the United States lasting more than 90 days, or if the sum of all your trips outside the United States (as a U-1 nonimmigrant) exceeds a total of 180 days, additional documentation will be required.
• An absence of more than 180 cumulative days can interrupt the three-year physical presence requirement for the Green Card.
• To avoid this, the law enforcement agency you are collaborating with for your U Visa must verify that the time outside the United States was necessary for the investigation or prosecution of the crime committed against you.
• The law enforcement agency can also justify the absence in another way. This verification must be in writing and submitted when applying for the Green Card.
• You must submit a written sworn statement affirming that you were physically present in the United States for three years.
• You must provide documented evidence of your physical presence in the United States for three years. It is not necessary to account for every day, but significant gaps must be explained. Here are some ideas for documentation that could prove your presence in the United States:
• Pay stubs from your place of employment.
• Cancelled checks for rent or utility payments.
• Copies of each page of your travel documents/passports.
• Educational documents demonstrating your presence for the duration of a class or course.
• Evidence that you lawfully maintained U-1 nonimmigrant status from the time you obtained it until the time you filed your I-485 application (in other words, there were no visa status gaps, and you did not lose status for any reason).
• Evidence that you assisted law enforcement with any reasonable request related to the investigation or prosecution of the qualifying crime committed against you.
• Confirmation that there is a humanitarian reason to adjust your status. For example, this may include family unity or for reasons of public benefit.
• Two photographs of 2″x2″, similar to those used for a passport.
• A copy of your birth certificate.
• A copy of Form I-94, Arrival/Departure Record, or a copy of the admission stamp from the United States Customs and Border Protection in your travel document/passport.
• Form I-693, Report of Medical Examination and Vaccination Record. This form does not require a filing fee. It is typically submitted with the I-485, and its primary purpose is to ensure there are no health reasons that would make you inadmissible (unable to stay).
• If you have any criminal records of any kind, certified police and court records of charges, convictions, or arrests must be submitted.
• Any required filing fees for the documents submitted must be included unless a waiver has been approved for some or all of those fees. In that case, a copy of the waiver must be provided.
In some cases, a family member of a U-1 nonimmigrant may also qualify for a Green Card. These family members are classified into two groups:
1. Those who are derivative U visa applicants.
2. Family members who have never had derivative U nonimmigrant status.
Individuals in each group have eligibility requirements and will need to submit different documents. Both scenarios are discussed below.
Derivative Family Members
The relationship you have with the derivative family member determines their classification. The main applicant is referred to as U-1. The categories below outline how other relationships are classified about the U-1:
• Spouse = U-2
• Child = U-3
• Parent = U-4
• Sibling = U-5
Eligibility for Derivative Family Members
The eligibility depends on meeting the following criteria:
• They must properly file Form I-485, Application to Register Permanent Residence or Adjust Status.
• They must be physically present in the United States when filing the I-485.
• They must have been lawfully admitted into the United States as U-2 to U-5 before the U-1 nonimmigrant adjusts their status (applies for their Green Card).
• They must have U status when filing the I-485.
• They must have been physically present in the United States for three continuous years as U nonimmigrants at the time of filing their I-485. Additionally, they must remain in the United States during the consideration period until USCIS decides on the adjustment of status application.
• They must not be considered inadmissible under section 212(a)(3)(E) of the INA. Similar to the requirement for the U-1, this means they cannot have participated in or be associated with Nazi persecution, massacre, torture, or any unauthorized killing by a legitimate judicial office. They must not have engaged, ordered, or assisted in any form of persecution against any person based on their religion, race, political affiliation, or national origin.
• The reason for their presence in the United States must be for the general public interest, family unity, or humanitarian reasons.
• They must be good citizens with significant reasons to want to maintain a positive status in their community, also known as “deserving a favorable exercise of discretion.”
Derivative family members who meet the mentioned requirements do not need to wait for the principal U-1 nonimmigrant to file an adjustment of status application. The family member(s) can file their I-485 before, at the same time as, or after the U-1.
Special Note: Remember, the family member must be admitted to the U.S. as a U nonimmigrant before the principal U-1 adjusts their status. Not following that timeline will result in the family member not being accepted as a U nonimmigrant. However, that family member can still apply to adjust their status or apply for an immigrant visa as a qualified family member.
Required Documentation for a Derivative Family Member
When applying for a Green Card, derivative family members must be prepared to submit the following documentation:
• Form I-485, Application to Register Permanent Residence or Adjust Status.
• A copy of the Form I-797, Approval Notice they received from USCIS to communicate the approval of their Form I-918, Supplement A for U nonimmigrant status approval.
• Copies of each page of their passport(s) and other significant travel documents that were valid during their time in the U.S. as U nonimmigrants.
• If they do not have their travel documents, they must provide a valid reason for not having them.
• If they departed from the United States during their time as U nonimmigrants, the derivative family member must provide documentation showing the dates of each departure and the date and location of each return to the United States. Additionally, they must state the purpose of each departure if requested.
• The derivative family member must submit a written sworn statement affirming that they were physically present in the United States for three years. They must also provide evidence of their presence. It is not necessary to account for every day, but significant gaps must be explained. Here are some ideas of documentation that could demonstrate their presence in the United States:
• Pay stubs from their place of employment.
• Cancelled checks for rent or utility payments.
• Copies of each page of their travel documents/passports.
• Educational documents demonstrating their presence for the duration of a class or course.
• Documentation showing that the family member maintained U nonimmigrant status lawfully from admission until they filed their I-485.
• Confirmation that there is a humanitarian reason to adjust their status. Examples could include family unity or for reasons of public benefit.
• Two photographs of 2″x2″, similar to those used for a passport.
• A copy of their birth certificate.
• A copy of their government-issued photo identification.
• A copy of Form I-94, Arrival/Departure Record, or a copy of the admission stamp from the United States Customs and Border Protection in the derivative family member’s travel document/passport.
• Form I-693, Report of Medical Examination and Vaccination Record. This form does not require a filing fee. It is typically submitted with the I-485, and its primary purpose is to ensure there are no health reasons that would make them inadmissible (unable to stay).
• If the derivative family member has any criminal records of any kind, certified police and court records of charges, convictions, or arrests must be submitted.
• Any required filing fees for the documents they submit must be included unless a waiver has been approved for some or all of those fees. In that case, a copy of the waiver must be provided.
Family Members Who Have Never Had Derivative U Status
They can file Form I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant, at the same time (or after) submitting Form I-485 to adjust their U-1 status to Permanent Resident. Form I-929 is used to request qualified family members who have never had U status. The filing fee for Form I-929 is $230. Qualified family members for this scenario include:
• Spouse
• Child (under 21 years old and unmarried)
• Parent (if the U-1 nonimmigrant is under 21 years old)
If the family member is in the U.S. and the I-929 is approved, they can immediately apply for a Green Card.
However, if the family member is outside of the U.S. and has an approved I-929, USCIS will forward the application to the Department of State to request an Immigrant Visa. The family member must apply for the visa at the corresponding U.S. Embassy or Consulate.
Eligibility Requirements for Family Members Without U Status
If a qualified family member meets the following criteria, they can apply for an adjustment of status:
• They have an approved Form I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant.
• They are admissible to the United States.
• The family member deserves a favorable exercise of discretion. In other words, they are law-abiding individuals and would be beneficial to the community.
An important thing to remember is that the qualifying relationship that allowed you as the U-1 to file an I-929 for your family must be valid until the family member receives the final USCIS decision on their I-485 form.
Required Documentation for Family Members Without U Status
When applying for a Green Card, qualified family members who have never had U status may need to submit the following documentation:
• Form I-485, Application to Register Permanent Residence or Adjust Status.
• A copy of the Form I-797, Approval Notice showing that the family member was approved for their I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant.
• Documentation indicating that the U-1 nonimmigrant filed the I-929 on their behalf and has a pending or approved I-485 form.
• Evidence that the qualifying relationship between them and their U-1 family member still exists.
• A copy of their birth certificate.
• Two photographs of 2″x2″, similar to those used for a passport.
• A copy of their government-issued photo identification.
• A copy of Form I-94, Arrival/Departure Record, or a copy of the admission stamp from the U.S. Customs and Border Protection in their travel document/passport.
• Form I-693, Report of Medical Examination and Vaccination Record. This form does not have a filing fee. It is typically submitted with the I-485, and its primary purpose is to ensure that there are no health-related reasons that would make the family member inadmissible (unable to stay).
• If the family member has any criminal records of any kind, certified police and court records of charges, convictions, or arrests must be submitted.
• Any required filing fees for the documents submitted must be included unless a waiver has been approved for some or all of those fees. In that case, a copy of the waiver(s) must be provided.
How much does it cost to apply for a U Visa?
All U nonimmigrant status applications are free of charge. However, other necessary forms for the process may have associated fees. For example, Form I-192 has a filing fee of $930. If you or your family cannot afford the filing fees for any of the forms associated with the U Visa process, you may submit Form I-912, Request for Fee Waiver. Another option would be to include a written request with the application to waive the fees.
How long is a U Visa valid for?
The U Visa, when granted, has a duration of four years. However, under specific circumstances, an extension may be available. Qualified reasons for an extension may include:
• Exceptional circumstances.
• Delays in the consular process.
• A request from law enforcement.
Your U Visa also automatically extends if you have a pending application for a Green Card.
Is there a limit on the number of U Visas granted?
Yes. The number of U Visas granted to principal applicants is limited to 10.000 per year. However, derived U status for family members has no limits. Therefore, if the principal applicant is accepted, family members will not be rejected due to quota limits. If the quota for principal applicants has been reached, the petitioner will be placed on a waiting list. When more visas become available, they will be granted in the order the petition was received.
Can I get authorization to work?
If your entry status to the U.S. is legal and the petition has been approved, U nonimmigrant status principal applicants are automatically granted an employment authorization document. Once approved, it is not necessary to submit Form I-765, Application for Employment Authorization.
As mentioned, the principal applicant of the U Visa and qualified family members can request an early work permit while their cases are being processed. Starting in July 2021, a new policy allows USCIS to approve the work permit before issuing the annual limit waiting list letter. Principal applicants like derivatives can file Form I-765, Application for Employment Authorization.
Can my family members get authorization to work?
Yes. Although the situation is similar to the principal applicant, any derivative applicant (family members listed on Form I-918, Supplement A) must submit Form I-765, Application for Employment Authorization. Derivative applicants do not automatically acquire the Employment Authorization Document. Please note that authorization for U status is only granted after the principal applicant is approved for U nonimmigrant status.
Can I travel outside of the U.S. while my I-485 is pending?
It is possible, but often not recommended. Before undertaking the trip, the petitioner must submit Form I-131, Application for Travel Document. However, commonly, when an I-485 petitioner leaves the United States without having an advance parole document, their adjustment of status application will be considered abandoned.
In some cases, reentry to the U.S. is not guaranteed, making traveling outside a risky option. Ideally, an I-485 applicant would wait until they have officially received their Green Card to travel outside the U.S. For these reasons, it is vital to seek an attorney’s assistance before deciding to travel internationally before your Green Card is approved.
Do I need an immigration attorney for the U Visa process?
It is highly recommended to work with an immigration attorney when applying for a U Visa, but it is not mandatory. Here are some reasons why it’s best to work with an immigration attorney:
• You’ll have someone who can answer your questions and clarify doubts.
• A legal team can save you a lot of time.
• They are familiar with immigration forms and complete them correctly before submission.
• An attorney can prepare you for the next steps so you feel confident.
At Oasis Legal Group, we assist our clients in obtaining visas and Green Cards. Our team is ready to guide you through every step of this crucial process. Call our office at (608)-424-5788 and discover how we can make your path to residency smoother and more successful. Trust us for successful outcomes in your immigration legal matters.
