What is the U Visa?

The U visa is a non-immigrant visa for individuals who have been victims of certain qualifying crimes. These victims have suffered substantial physical or emotional harm; they are allowed to remain in the United States by cooperating with law enforcement and continuing to help with the investigation.

A victim may apply for a U visa if they have been a victim of a qualifying crime, which includes domestic violence, sexual assault, trafficking, blackmail, involuntary servitude, employment-based discrimination, exploitation, slavery, and sex trade crimes that have occurred in the United States.

 

What is the Process for Applying for a U Visa?

If an individual is a victim of a qualifying crime, the first step in applying for a U visa is to look at the police report. It’s very critical that if an individual is a victim of a crime, that they report the crime.

If they do not report the crime, there is no way to be able to obtain a police report in order to qualify for potentially applying for a U visa. A lot of times clients — particularly if they are victims of domestic violence — will refuse to cooperate with law enforcement or to press charges against a perpetrator. However, in these situations, one of the requirements for a U visa is reporting the crime.

Once the crime has been reported, the next requirement is cooperation with law enforcement by providing as much information as possible to create a detailed police report. Once the police report is filed, have an attorney review the police report to determine if it is a qualifying crime.

If the crime is one that qualifies for a U visa and the victim has cooperated with the investigation, the next step is to ask law enforcement to certify and show documentation that the applicant was a victim of a crime. In order to apply for a U visa, the applicant will need the full police report. The attorney will then file a new research certification with the appropriate police department. Once the attorney receives certification, he or she can then process the U visa application with the United States Citizenship & Immigration Services.

 

Are There Any Potential Drawbacks to Applying for a U Visa?

Currently, there is a backlog of U Visa applicants in the United States. Only about 4,000 U visas are available each year. The application process is quite thorough, so it is important to ensure that the case is fully documented. A frequent concern is that if the victim reports the crime to law enforcement, that they will be reported to Immigration and Customs Enforcement (ICE). This is a very legitimate, serious concern. However, in all the years that I had been practicing immigration law in the San Francisco Bay Area, I have never had any of my clients be reported to ICE because they were a victim of a crime and they reported it to law enforcement.

It is important to ease that concern from victims, because one devastating impact is that some victims of very, very serious crimes — crimes that would qualify them for a U visa — will not report the crime for fear of being deported. It is very important to report the crime, because if it isn’t reported, there’s nothing that an immigration practitioner like myself can do for you.

 

How Long Does The Process Take? And How Long Is The Visa Valid?

Once the U visa has been filed, the processing time could take anywhere between three to five years to get preapproval of a U visa. The U visa itself, if the case is approved, will allow you to have you to have U visa status for four years. Then, it allows the victim the opportunity to file for lawful permanent residency status. Additionally, the U visa allows the victim to apply for US citizenship in the future. So it’s sort of a pathway to citizenship. Victims of a qualifying crime can also include a spouse if they’re legally married, as well as children under the age of 21 who are undocumented.

 

How Do I Go About Determining If I Should Apply for a U Visa?

If you’ve been deported before or if you have a criminal record, an attorney will need to assess the facts of each case individually, to determine if there are any risks of applying for a U visa. My office has successfully completed hundreds of U visas.

 

Does the Crime Have to Be One of Physical Violence?

There’s a through process for documenting the victims both physical and emotional harm. However, one misconception is people think that a U visa applicant must have suffered physical harm. That is not necessarily the case. Victims who have been kidnapped, who have been victims of severe robbery, or who have been victims of emotional, psychological, or domestic abuse that haven’t suffered physical harm have been successful in obtaining a U visa. Attorneys will work closely with the psychologist to document both the physical, emotional harm to the petitioner.