Visa Applications: The U Visa May be an Option for an Immigrant Who is the Victim of a Crime

The U Visa is a a visa available to immigrants who are victims of certain crimes, have suffered mental or physical abuse stemming from the crime and are helpful to law enforcement or government officials in the investigation or prosecution of the criminal activity.There is an annual limit of 10,000 U Visas per year, not including spouses and other derivative family members. This has created a massive backlog in processing applications. Fortunately, USCIS is aware of this process and has responded by utilizing what is called a "bona fide determination" for petitions that were filed correctly and where a Petitioner passes a background check. The bona fide determination permits a Petitioner to receive work authorization for a period of 4 years and protection from deportation.

Generally, The Law Office of Jeffrey Olsen LLC files the employment authorization application concurrently with the I-918. There is also no USCIS filing fee for this initial employment application when filing in this situation.

After three years in "U Visa status" an individual becomes eligible to apply for an adjustment of status to a lawful permanent resident ("LPR" or "Green Card Holder").

Jeffrey Olsen is an experienced and knowledgeable immigration attorney who has represented clients in U visa application and many other immigration applications. This blog post seeks to provide you with an overview of the U Visa. However, if you have any specific questions about obtaining a U Visa or about other immigration matters, please contact our office today to schedule an appointment.

Immigrant victims of certain crimes may be eligible for a U Visa.

In order to qualify for a U Visa, an applicant must demonstrate all five of the following:

I. An individual must be a victim of criminal activity designated in section 101(a)(15)(U)(iii) of the Immigration and Nationality Act (INA). Such activity is defined as being the victim of one or more of the following or any similar activity in violation of Federal, state, or local criminal law:

1. Abduction

2. Abusive Sexual Contact

3. Attempt to Commit any of the Named Crimes

4. Being Held Hostage

5. Blackmail

6. Conspiracy to Commit any of the Named Crimes

7. Domestic Violence

8. Extortion

9. False Imprisonment

10. Felonious Assault

11. Female Genital Mutilation

12. Fraud in Foreign Labor Contracting

13. Incest

14. Involuntary Servitude

15. Kidnapping

16. Manslaughter

17. Murder

18. Obstruction of Justice

19. Peonage

20. Perjury

21. Prostitution

22. Rape

23. Sexual Assault

24. Sexual Exploitation

25. Slave Trade

26. Solicitation to any of the Named Crimes

27. Stalking

28. Torture

29. Trafficking

30. Unlawful Criminal Restraint

31. Witness Tampering

II. The Petitioner must have suffered substantial physical or mental abuse as a result of being a victim of one of the above qualifying crimes.

III. The crime must have violated the laws of the U.S. or occured within the United States or U.S. territory.

IV. The Petitioner possesses information concerning the crime of which they are a victim.

V. A federal, state, or local investigatory or prosecutorial agency will certify that the Petitioner was, is or likely will be helpful in the investigation or prosecution of the offense of which he/she is a victim.

The form that is completed and submitted to USCIS for the U Visa is the I-918. There is no USCIS filing fee for the I-918. Perhaps the most crucial part of a U Visa petition is the Supplement B of Form I-918, which is the part that requires law enforcement to certify that the Petitioner is or was cooperative in the investigation or prosecution of the crime. This is the part that generally takes the most time in preparing a petition. However, retaining an experienced immigration attorney, like Jeffrey Olsen, can help you navigate this process.

Thank you for taking the time to read this post, which is a part of the nonimmigrant visa series. We hope you found this post informative. If our firm can be of any assistance in helping you with a U Visa application or any other immigration matter, please do not hesitate to reach out today.

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The information in this blog is provided solely for informational purposes. The information provided is not intended to create an attorney-client relationship and shall not be construed as legal advice on any specific matter. Each legal matter is unique and requires an analysis based on the particular circumstances. As a result, the information provided here may not be applicable in every situation, including your situation, and action should not be taken based on this information without seeking specific legal advice based on particular circumstances. Results may vary depending on your particular facts and legal circumstance.