u-visa

You may meet the eligibility requirements for a U nonimmigrant visa if you satisfy the following conditions:

1. Victim of Qualifying Criminal Activity: Having experienced an incident of criminal activity that meets the criteria for U visa consideration.
2. Substantial Physical or Mental Abuse: Proven suffering of significant physical or mental harm resulting from being a victim of criminal activity.
3. Possession of Crime Information: Holding crucial information related to the criminal activity in question. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may act on your behalf.
4. Assistance to Law Enforcement: Demonstrating cooperation and helpfulness to law enforcement agencies in the investigation or prosecution of the crime. In cases where the applicant is under 16 or unable to provide information due to a disability, a designated representative may assist law enforcement on their behalf.
5. Jurisdiction and Admissibility: The crime must have occurred within the United States or violated U.S. laws.

The applicant must be admissible to the United States. In cases where admissibility is a concern, the option to apply for a waiver is available through Form I-192, Application for Advance Permission to Enter as a Nonimmigrant.

The United States government has outlined a comprehensive list of offenses for which individuals can seek U visa status, providing protection and a pathway to lawful immigration. The qualifying crimes encompass a wide range of offenses, underscoring the commitment to aiding victims of violence and exploitation. These crimes include, but are not limited to:

To initiate your application (petition) for U nonimmigrant status, you need to submit the following documents:

1. Form I-918, Petition for U Nonimmigrant Status: Complete and submit this form to officially request U nonimmigrant status.
2. Form I-918, Supplement B, U Nonimmigrant Status Certification: This supplement requires the signature of an authorized official from the certifying law enforcement agency. The official must confirm your past, present, or potential future assistance in the investigation or prosecution of the case.
3. Form I-192, Application for Advance Permission to Enter as Nonimmigrant (if applicable): In case of any inadmissibility issues, use this form to request a waiver and address the inadmissibility concerns.
4. Personal Statement: Provide a detailed personal statement describing the criminal activity of which you were a victim.
5. Evidence to Establish Eligibility: Submit documentation to substantiate each eligibility requirement. Refer to our Forms section, specifically the Humanitarian Benefits Based Forms, for detailed guidance.

If you are applying from outside the United States, submit all necessary forms listed above to the Vermont Service Center. Adhere to the instructions provided by the Vermont Service Center, including undergoing fingerprinting at the nearest U.S. Embassy or Consulate.

Upon approval of your petition, you must undergo consular processing to enter the United States.
This process involves an interview with a consular officer at the nearest U.S. Embassy or Consulate.

If granted a U visa, the applicant receives temporary legal status in the United States for up to four years. This status allows them to live and work in the country.

Certain family members of the principal U visa holder, including spouse, children, parents, and siblings under 18 years old, may be eligible for derivative U visas. This allows them to accompany or join the principal U visa holder in the United States.

While the annual cap for principal petitioners seeking U visas is set at 10,000, it is important to note that there is no limit imposed on family members deriving status from the principal applicant. This includes spouses, children, and other eligible family members.

In the event that the cap is reached before all U nonimmigrant petitions undergo adjudication, the U.S. Citizenship and Immigration Services (USCIS) will establish a waiting list. This waiting list is designed to accommodate any eligible principal or derivative petitioners who are patiently awaiting a final decision and issuance of a U visa.