2. ABCs of Immigration Law: U Visas for Victims of Specific Crimes
 

The U Visa allows temporary immigration benefits to crime victims willing to assist law enforcement with criminal investigations.   

Congress created the U nonimmigrant visa with the passage of the Victims of Trafficking and Violence Protection Act (VTVPA) (including the Battered Immigrant Women’s Protection Act) in October 2000. The legislation was intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, trafficking of aliens and other crimes while, at the same time, offer protection to victims of such crimes. The legislation also helps law enforcement agencies to better serve victims of crimes.  The VTVPA created a special nonimmigrant classification designated as the U visa for victims of specific crimes.  This article addresses the requirements and issues for potential U visa applicants. 
 

Who is eligible for the U Visa?  

Currently, the U visa is available to those who meet all four basic requirements as follows:  

1. Aliens who can show substantial suffering as the result of physical or mental abuse as a result of being the victim of certain criminal activity;  

2. Aliens who possess information about that criminal activity;  

3. Aliens who have been, or are being, or will be helpful or are likely to be helpful to Federal, State, or local authorities.  

4. The criminal activity described violated the laws of the US and occurred in the US or in territories of the US.  Criminal activity in violation of Federal, State, or local  criminal law includes rape; torture; trafficking; incest; domestic violence; sexual assault; abusive sexual contact; being held hostage, female genital mutilation; sexual exploitation; prostitution; peonage; unlawful criminal restraint; abduction; kidnapping; slave trade; involuntary servitude; false imprisonment; blackmail; extortion; manslaughter; murder; felonious assault; witness tampering; obstruction of justice perjury and any attempt to commit any of these crimes.

Which USCIS field office accepts the U visa applications?  

Due to prior inconsistencies in the determination of the U Visa, the USCIS Vermont Service Center (USCIS VSC) is the designated "clearing house" for U visa applications.  For more information on the USCIS VSC, please visit http://uscis.gov/graphics/fieldoffices/stalbans/aboutus.htm#anchor1618781.

What forms are required by the USCIS VSC for filing a U visa application?

All U visa applicants must submit a petition for U Nonimmigrant Status, Form I-918.  In addition, applicants must submit Form I-918, Supplement B, U Nonimmigrant Status Certification, on which a law enforcement official confirms that you were or will likely be helpful in the prosecution of the case.  Application cover letters should clearly state the applicant's basis for requesting the U visa and explain why each submitted document is relevant. The application must include the applicant’s personal statement describing the abuse or criminal activity suffered by the applicant relevant to the U visa eligibility.  The applicant must give all personal information such as personal identification, copies of passports, birth certificates (translated) and I-94 documents for all persons applying for both the U visa and the derivative U visa.

What forms of evidence are required by the USCIS VSC for determination of the U visa application?

The application must include law enforcement certification which can be obtained during the investigation or prosecution of the criminal activity.  The certification must come from a Federal, State, or local law enforcement official, prosecutor, judge investigating or prosecuting the criminal activity.  This certification must be submitted with a Form I-918, Supplement B, U Nonimmigrant Status Certification.

In cases involving substantial physical and/or mental abuse, the applicant should include photos documenting the abuse, medical reports, declarations by witnesses, law enforcement officials or medical officials, or any other evidence that documents the stated abuses suffered by the applicant.

Can aliens who have been granted the U visa apply for work authorization?  

U-visa holders automatically qualify for employment authorization. 
 

What is the duration of U status?  

U nonimmigrant status cannot exceed four years. After three years, U-visa holders may apply for lawful permanent residence.  However, according to USCIS, extensions are available upon certification by a certifying agency that the foreign national's presence in the United States is required to assist in the investigation or prosecution of the qualifying criminal activity.

What are the grounds for termination of the U status?  

U status can be terminated for changes of circumstances in the case so that it no longer warrants deferred action. Furthermore, U status can be terminated for conduct or a condition that was not disclosed prior to issuance of relief.

What happens if the U status is terminated?  

Determinations of termination of the U Status cannot be appealed. Termination cancels the deferred action and revokes related work authorization.  

Can aliens in removal proceedings and with final removal orders apply for the U visa?  

Yes, if an alien is in removal proceedings they may apply for a U visa.  For detailed information on how USCIS handles these situations click here.

Who is eligible for the derivative classification of the U visa?  

Family members who accompany the petitioner can, under certain circumstances, obtain a U nonimmigrant derivative visa. 

If the U nonimmigrant petitioner is under 21 years of age he/she may file for U visas for the following family members:

·         Spouse

·         Unmarried children under 21

·         Parents

·         Unmarried siblings under 18

If the U nonimmigrant petitioner is 21 years or older he/she may file for U visas for the following family members:

·         Spouse

     ·        Unmarried children under 21