U Visa for Crime Victims: Complete Guide
The U Visa is an immigration status for victims of certain crimes that occurred in the United States who have suffered substantial physical or mental abuse and cooperate with authorities in the investigation or prosecution of the offense. It grants work authorization and a path to permanent residency after 3 years.
U Visa Requirements
- Qualifying crime victim: Have suffered substantial physical or mental abuse as a result of a qualifying crime
- Useful information: Possess information about the criminal activity
- Cooperation: Have cooperated, are cooperating, or are willing to cooperate with authorities
- Police certification: Obtain certification (Form I-918B) from a law enforcement agency
- Crime in the US: The crime must have occurred in the US or violated US laws
Qualifying Crimes
- Domestic violence and sexual abuse
- Human trafficking and forced labor
- Kidnapping and unlawful detention
- Assault, extortion, and fraud
- Homicide, torture, and mutilation
- Obstruction of justice and perjury (if related to other qualifying crimes)
- And other serious felonies according to the DHS list
Benefits of the U Visa
- Legal status: Permission to remain in the US for up to 4 years
- Work authorization: Automatic work permit (EAD)
- Derivatives: Protection for family members (spouse, children, parents in some cases)
- Path to residency: Can apply for Green Card after 3 years with U Visa
- No cost: No filing fee for the U Visa
Frequently Asked Questions
How long does the U Visa take?
Due to the 10,000 annual visa cap and high demand, wait times can be 5-7 years. However, USCIS can grant a pending status (bona fide determination) with work authorization while you wait.
Do I need legal status to apply for the U Visa?
No. The U Visa is available to people without legal immigration status. Even people in deportation proceedings can apply.
Is the U Visa free?
Yes. There is no filing fee for Form I-918. There is also no cost for the associated work permit.
Can my family members get protection?
Yes. Derivatives include spouse and children under 21 (U-2, U-3 visas). Victims under 21 can also include parents and minor siblings.
Contact us today for a free consultation.