Crime Victims (U Visas)

Crime Victims (U Visas)

USCIS helps protect victims of human trafficking and other crimes by providing immigration relief. Human trafficking, also known as trafficking in persons, is a form of modern-day slavery in which traffickers lure individuals with false promises of employment and a better life.

Individuals and their families may also fall victim to many other types of crime in the United States. These crimes include: rape, murder, manslaughter, domestic violence, sexual assault, and many others.

Overview

The U nonimmigrant status (U visa) is set aside for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity. 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 also protecting victims of crimes who have suffered substantial mental or physical abuse due to the crime and are willing to help law enforcement authorities in the investigation or prosecution of the criminal activity. The legislation also helps law enforcement agencies to better serve victims of crimes.

U Nonimmigrant Eligibility

You may be eligible for a U nonimmigrant visa if:

• You are the victim of qualifying criminal activity.
• You have suffered substantial physical or mental abuse as a result of having been a victim of criminal activity.
• You have information about the criminal activity. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may possess the information about the crime on your behalf.
• You were helpful, are helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may assist law enforcement on your behalf.
• The crime occurred in the United States or violated U.S. laws.
• You are admissible to the United States. If you are not admissible, you may apply for a waiver on a Form I-192, Application for Advance Permission to Enter as a Nonimmigrant.

Applying for U Nonimmigrant Status (U Visa)

To apply (petition) for a U nonimmigrant status, submit:

• Form I-918, Petition for U Nonimmigrant Status
• Form I-918, Supplement B, U Nonimmigrant Status Certification. The Form I-918, Supplement B, must be signed by and authorized official of the certifying law enforcement agency (PDF)and the official must confirm that you were helpful, and currently being helpful, or will likely be helpful in the investigation or prosecution of the case.
• If any inadmissibility issues are present, you must file a Form I-192, Application for Advance Permission to Enter as Nonimmigrant, to request a waiver of the inadmissibility;
• A personal statement describing the criminal activity of which you were a victim; and
• Evidence to establish each eligibility requirement

You may also apply (petition) for U nonimmigrant status if you are outside the United States. To do this, you must:

• File all the necessary forms for U nonimmigrant status with the Vermont Service Center.
• Follow all instructions that are sent from the Vermont Service Center, which will include having your fingerprints taken at the nearest U.S. Embassy or Consulate.
• If your petition is approved, you must consular process to enter the United States, which will include an interview with a consular officer at the nearest U.S. Embassy or Consulate.
• Information about your nearest United States Embassy or Consulate can be found at www.usembassy.gov.

Filing for Qualifying Family Members

Certain qualifying family members are eligible for a derivative U visa based on their relationship to you, the principal, filing for the U visa. The principal petitioner must have their petition for a U visa approved before their family members can be eligible for their own derivative U visa.

If you are under 21 years of age then you may apply on behalf of your spouse, children, parents and unmarried siblings under age 18.

If you are 21 years of age or older then you may apply on behalf of your spouse and children.

To petition for a qualified family member, you must file a Form I-918, Supplement A, Petition for Qualifying Family Member of U-1 Recipient, at the same time as your application or at a later time.

We will be happy to clarify all intricacies of these cases. Please contact us for more information.

Web Resources

• Immigration Laws and Regulations, USCIS Website
• Foreign Affairs Manual (FAM) Regulations
• Nonimmigrant Classifications and Types of Visas
• Immigrant Classifications and Types of Visas
• When to contact Department of State vs. Department of Homeland Security
• FAQs About Visas

Visa Categories

B-E

• Visitors (B Visas)
• Treaty Traders (E-1 Visas)
• Treaty Investors (E-2 Visas)

F-H

• Students (F Visas)
• Professionals (H-1B Visas)
• Temporary Workers (H-2B Visas)
• Trainees (H-3 Visas)

J-P

• Exchange Visitors (J Visas/Waivers)
• Fiancees of US Citizens (K-1 Visas)
• Spouses of US Citizens (K-3 Visas)
• Intracompany Transferee (L-1 Visa)
• Extraordinary Ability (O Visas)
• Athletes/Entertainers (P Visas)

R-U

• Religious Workers (R Visas)
• Victims of Human Trafficking (T Visas)
• Crime Victims (U Visas)