U visa

The U visa is a nonimmigrant visa which is set aside for victims of crimes (and their immediate family members) who have suffered substantial mental or physical abuse and are willing to assist law enforcement and government officials in the investigation or prosecution of the criminal activity.

Background

Congress created the U nonimmigrant visa with the passage of the Victims of Trafficking and Violence Protection Act (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.

Eligibility

Requirements

There are six legal requirements for U nonimmigrant status:

Qualifying criminal activity

Crimes whose victims may qualify for U nonimmigrant status include:

Certification of helpfulness

A petition for U nonimmigrant status must also contain a certification of helpfulness in the form of a U Nonimmigrant Status Certification (Form I-918, Supplement B) from a certifying law enforcement agency. This document demonstrates the petitioner "has been helpful, is being helpful, or is likely to be helpful" in the investigation or prosecution of the criminal activity.

The government entities which are considered "certifying agencies" for the purpose of a U visa application include Federal, State or local law enforcement agencies, prosecutors, and judges, as well as child protective services, the Equal Employment Opportunity Commission, and the Department of Labor.

U Visa-Based Adjustment of Status: Obtaining a Green Card/Lawful Permanent Residence

After three years of continuous physical presence in the United States while in U nonimmigrant status, a U visa holder may be eligible to adjust status and become a Lawful Permanent Resident (LPR) if certain requirements are met.[1]

An applicant for U visa-based adjustment of status must still be in valid U status at the time he or she files the Form I-485,[2] which is the date on which U.S. Citizenship and Immigration Services (USCIS) receives the properly completed application.

With the completed and signed Form I-485, Application to Register Permanent Residence or Adjust Status, applicants must submit:

Related visas

Related visas include:

Impediments to issue

As of January 2016, there is a backlog of 64,000 requested U-visas, but only 10,000 can be issued per year.[10] Some police departments do not certify any applicants as cooperating, either for political reasons or due to confusion over the law, though in some jurisdictions like California and New York City, there are laws or policies which require prompt certification of anyone eligible.[10]

References

External links

 This article incorporates public domain material from the United States Department of Homeland Security document "Victims of Criminal Activity, U Nonimmigrant Status".

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