U visa

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The U visa is a United States nonimmigrant visa which is set aside for victims of crimes (and their immediate family members) who have suffered substantial mental or physical abuse while in the U.S. and who are willing to assist law enforcement and government officials in the investigation or prosecution of the criminal activity. [1] It permits such victims to enter or remain in the US when they might not otherwise be able to do so. An advantage that comes along with the acceptance of a U-visa is the individual will have deportation protection which is important when they are collaborating with law enforcement.

Contents

The US 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 people, 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 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, [3] 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:

Types of U-visas

The specific types of U-visas are:

Issues

Backlog of cases

As of January 2016, there is a backlog of 64,000 requested U-visas, but only 10,000 U-1 visas can be issued per year. [1] [11] (There is no limit on the number of "derivative" U visas—U visas other than U-1. [1] ) 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. [11]

Controversial incident

Abuse of this visa has been attempted by groups who have tried to pull cons or hoaxes on law enforcement in order to qualify for the visa. A major incident occurred in Seattle during October 2019. A group of ten staged a hostile takeover of a restaurant. Two members of the group posed as robbers wearing masks and tying up the other people to make it look as though a crime had been committed. [12]

California-specific benefits

Once approved for the visa the individual may receive state benefits such as Cal Fresh. [13] The CAPI program is fully funded by the state and aims to offer regular monetary assistance to non-citizen individuals who are aged, blind, or disabled and cannot receive SSI/SSP benefits because of their immigration status. [14] Individuals with a pending application qualify for work authorization under a USCIS statute; once approved for the visa the individual will receive longer term work authorization. [15] Once approved the recipient may refer their immediate family members (spouse, unmarried children under the age of 21, or siblings under the age of 21) by filing a I-918A, and they will be almost certainly approved. [16]

Statistics

Number of visas issued by year

Although the U status was created in October 2000, the first visas based on this status were issued in Fiscal Year 2009. In the table below includes data from fiscal years, so for instance the year 2009 refers to the period from October 1, 2008 to September 30, 2009. [17] Note that this only counts U visas issued at embassies and consulates outside the United States, and does not include people who changed non-immigrant status to U status within the United States (through Form I-918).

PeriodPetitions by Case Status
Victims of Criminal ActivitiesFamily MembersFiscal Year Total
Petitions

Received

ApprovedDeniedPendingPetitions

Received

ApprovedDeniedPendingPetitions

Received

ApprovedDeniedPending
Fiscal Year - Total
20096,8506,04566111,7404,1022,8381589,27510,9528,88381921,015
20109,65710,0153,9957,4806,4189,3152,5766,24216,07519,3306,57113,722
201114,64710,0252,00710,25010,0337,6021,6458,32924,68017,6273,65218,579
201221,14110,0311,68419,82415,1267,4211,46515,59236,26717,4523,14935,416
201325,48610,0221,84033,40918,2667,7241,23424,48043,75217,7463,07457,889
201426,08910,0773,66245,81419,2978,4572,65532,94845,38618,5346,31778,762
201530,12910,0602,44063,77922,6367,6491,75446,50752,76517,7094,194110,286
201634,79710,0191,76187,29025,4697,6241,25763,61660,26617,6433,018150,906
201737,28710,0112,042112,27225,7037,6281,61279,97162,99017,6393,654192,243
201834,96710,0092,317134,71424,0247,9061,99194,05058,99117,9154,308228,764
201928,36410,0102,733151,75818,8617,8462,397103,73747,22517,8565,130255,495
202022,35810,0132,693161,70814,0907,2122,472108,36636,44817,2255,165270,074
202121,87410,0033,594170,80515,2906,7283,085114,45037,16416,7316,679285,255
202230,12010,0032,992189,38120,9547,4232,803126,15851,07417,4265,795315,539

[18]

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References

  1. 1 2 3 4 "Victims of Criminal Activity: U Nonimmigrant Status". U.S. Citizenship and Immigration Services. 2016-07-28. Retrieved 2017-04-08.
  2. ↑ "I-192, Application for Advance Permission to Enter as a Nonimmigrant". U.S. Citizenship and Immigration Services (official website). Retrieved February 9, 2019.
  3. ↑ 8 CFR 245.24(b)(2)(i) and (ii)
  4. ↑ "I-693, Report of Medical Examination and Vaccination Record". U.S. Citizenship and Immigration Services. Retrieved 2017-04-08.
  5. ↑ "Instructions for I-485, Application to Register Permanent Residence or Adjust Status" (PDF). Department of Homeland Security: U. S. Citizenship and Immigration Services. Retrieved 2017-04-08.
  6. ↑ 8 CFR 245.24(d)(5)
  7. ↑ 8 CFR Section 245.24(a)
  8. ↑ 8 CFR 245.24(a)
  9. ↑ INA 245(m); 8 CFR 245.24
  10. ↑ INA 245(m)
  11. 1 2 Hansi Lo Wang (2016-01-20). "Immigration Relief Possible In Return For Crime Victims' Cooperation". NPR. Retrieved 2017-04-08.
  12. ↑ Asia Fields (2019-11-04). "Sheriff says SeaTac Bob's Burgers takeover-robbery was a 'hoax' in attempt to qualify for visa for crime victims". ST. Retrieved 2019-11-05.
  13. ↑ "Immigrant eligibility for CalFresh benefits". LSNC Guide to CalFresh Benefits. 2015-03-04. Retrieved 2023-04-27.
  14. ↑ "Cash Assistance Program for Immigrants". www.cdss.ca.gov. Retrieved 2023-05-05.
  15. ↑ "National Engagement - U Visa and Bona Fide Determination Process - Frequently Asked Questions | USCIS". www.uscis.gov. 2021-09-23. Retrieved 2023-04-27.
  16. ↑ Veronica, Garcia (June 2022). "PROS AND CONS OF APPLYING FOR A U VISA" (PDF). Immigrant Legal Resource Center.
  17. ↑ "Non-immigrant visa statistics". United States Department of State. Archived from the original (PDF) on January 31, 2017. Retrieved January 29, 2017.
  18. ↑ https://www.uscis.gov/sites/default/files/document/data/I918_FY23_Q1.pdf
Attribution

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