Applying For A U Visa.

The U-1 nonimmigrant status (U visas) is a type of “Non-Immigrant” Visa is designed for those who are non US citizens who have also suffered substantial physical and or mental abuse stemming as victims of a criminal activity.

USCIS has reached the statutory maximum numbers for issuing U Visas since it began issuing them in 2008. As defined by USCIS, “The U nonimmigrant status (also known as the U visa) is set aside for victims of crimes who have suffered substantial mental or physical abuse as a result of the crime and who are willing to assist law enforcement and government officials in the investigation or prosecution of the criminal activity”. Applying for a U Visa will allow you to obtain temporary status to remain in the United States along with employment authorization and the possibility of obtaining Permanent Residency later on.

Now, applying for the U Visa cannot stem from being a victim of any type of criminal activity. The type of qualifying criminal activity must be of the serious nature such as Rape, Torture, Domestic Violence, Sexual Assault, Kidnapping, Felonious Assault, Manslaughter and Murder. Additionally, it is not necessary to be a victim of a completed crime in order to apply. It is sufficient if one was a victim of an attempted or conspiracy to commit one of the aforementioned crimes.

Furthermore, it is not enough to have been a victim of a serious crime. The victim must have also helped the law enforcement agencies in their investigation and/or in the prosecution of those who committed the crimes. This usually requires certification from the law enforcement agencies to be included in the U Visa petition which serves as proof that the victim has been helpful to law enforcement. Thus, it is beneficial to obtain certification from the Police or the Prosecutor’s office to submit with the U Visa petition.

Also, additional evidence must be presented to prove that the victim suffered substantial mental or physical abuse because of the crime. Such evidence consists of police reports, court documents, medical reports, photos of injuries, and affidavits. Once the approval notice has been issued following the submission of the U Visa petition, temporary status (U status) has been obtained and a few years later, one can apply for permanent resident status if certain conditions are met.

However, it is up to the discretion of USCIS in whether or not they approve the U Visa petition. Moreover, if the victim has a criminal history, it does not automatically prevent approval of the U petition. Each U Visa petition is reviewed by USCIS on a case by case basis and they have the broad authority to waive most inadmissibility issues, including criminal issues. Therefore, denials may occur in cases where a victim has multiple arrests, convictions, or has a serious or violent criminal arrest record.