U visa

Last updated
U Visa
TypeNon-immigrant visa for victims of certain crimes
PurposeProvide protection to victims who assist law enforcement
Eligibility
  • Victim of qualifying criminal activity
  • Suffered substantial physical or mental abuse
  • Possess information about the criminal activity
  • Helpful in investigation or prosecution of the crime
DurationValid for 4 years, may be extended
Annual Cap10,000 visas for principal applicants
Work Authorization
  • Principal applicants: Eligible for 4-year Employment Authorization Document (EAD) through Bona Fide Determination process
  • Derivatives: Must file Form I-765 for work permit
Application Process
  • File Form I-918, Petition for U Nonimmigrant Status
  • Obtain law enforcement certification (Form I-918, Supplement B)
  • Submit supporting documents
Processing TimeSeveral years due to high demand and annual cap
Waiting ListEligible applicants placed on waiting list if cap is reached
Path to ResidencyMay apply for Green Card after 3 years of continuous presence
OversightUnited States Citizenship and Immigration Services (USCIS)

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]

Visa fraud

Abuse of the U-visa often occurs when immigrant applicants stage crimes in order to obtain eligibility. Fake crime victims may pay thousands of dollars to obtain U-visa eligibility, while business venues involved in the scheme are also paid to host the fake crimes. A notable case from 2023 involved an organized multi-state operation to falsify robberies of immigrants for U-visas, while another case from 2024 saw a fake robber being killed by an armed bystander. [12] [13] [14]

A 2022 Department of Homeland Security Office of Inspector General report concluded that the U-visa program was mismanaged and susceptible to fraud, with fraudulent petitioners gaining U-visa benefits while legitimate victims had to wait for years. The report surveyed 57 law enforcement agencies across the United States and concluded that the U-visa program is not helpful for solving crimes, with 61% of respondents stating that the U-visa program did not significantly improve their ability to investigate and solve crimes. 54% of respondents also believed that U-visa petitioners abuse the program. [15]

California-specific benefits

Once approved for the visa the individual may receive state benefits such as Cal Fresh. [16] 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. [17] 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. [18] 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. [19]

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. [20] 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

[21]

Related Research Articles

<span class="mw-page-title-main">Green card</span> Lawful permanent residency in the United States

A green card, known officially as a permanent resident card, is an identity document which shows that a person has permanent residency in the United States. Green card holders are formally known as lawful permanent residents (LPRs). As of 2023, there are an estimated 12.7 million green card holders, of whom 9 million are eligible to become United States citizens. Approximately 18,700 of them serve in the U.S. Armed Forces.

An L-1 visa is a visa document used to enter the United States for the purpose of work in L-1 status. It is a non-immigrant visa, and is valid for a relatively short amount of time, from three months to five years, based on a reciprocity schedule. With extensions, the maximum stay is seven years.

An Application for Waiver of Grounds of Inadmissibility is an application for legal entry to the United States made by an individual who is otherwise inadmissible on one or more grounds. The application is submitted to the consular office, U.S. Citizenship and Immigration Services office or immigration court considering the immigrant visa or adjustment of status application.

Dual intent is a concept in United States immigration law. Typically, it refers to the fact that certain U.S. visas allow foreigners to be temporarily present in the U.S. with lawful status and immigrant intent. This allows those visa holders to enter the U.S. while simultaneously seeking lawful permanent resident status at a port of entry. Otherwise, visa holders may be presumed to have immigrant intent and can be kept from entry as a matter of law.

A K-1 visa is a visa issued to the fiancé or fiancée of a United States citizen to enter the United States. A K-1 visa requires a foreigner to marry his or her U.S. citizen petitioner within 90 days of entry, or depart the United States. Once the couple marries, the foreign citizen can adjust status to become a lawful permanent resident of the United States. Although a K-1 visa is legally classified as a non-immigrant visa, it usually leads to important immigration benefits and is therefore often processed by the Immigrant Visa section of United States embassies and consulates worldwide.

TN status is a special non-immigrant classification of foreign nationals in the United States, which offers expedited work authorization to a citizen of Canada or a national of Mexico. It was created as a result of provisions of the North American Free Trade Agreement that mandated simplified entry and employment permission for certain professionals from each of the three NAFTA member states in the other member states. The provisions of NAFTA relevant to TN status were then carried over almost verbatim to the United States–Mexico–Canada Agreement that replaced NAFTA in 2020.

<span class="mw-page-title-main">Parole (United States immigration)</span> Official permission to enter and remain temporarily in the U.S.

Parole, in the immigration laws of the United States, generally refers to official permission to enter and remain temporarily in the United States, under the supervision of the U.S. Department of Homeland Security (DHS), without formal admission, and while remaining an applicant for admission.

U.S. Citizenship and Immigration Services (USCIS) is an agency of the United States Department of Homeland Security (DHS) that administers the country's naturalization and immigration system. It is a successor to the Immigration and Naturalization Service (INS), which was dissolved by the Homeland Security Act of 2002 and replaced by three components within the DHS: USCIS, Immigration and Customs Enforcement (ICE), and Customs and Border Protection (CBP).

<span class="mw-page-title-main">Visa policy of the United States</span> Policy on permits required to enter the United States and its unincorporated territories

Visitors to the United States must obtain a visa from one of the U.S. diplomatic missions unless they are citizens of one of the visa-exempt or Visa Waiver Program countries.

<span class="mw-page-title-main">Employment authorization document</span> Document issued by the United States Citizenship and Immigration Services

A Form I-766 employment authorization document or EAD card, known popularly as a work permit, is a document issued by the United States Citizenship and Immigration Services (USCIS) that provides temporary employment authorization to noncitizens in the United States.

The Security Through Regularized Immigration and a Vibrant Economy Act of 2007 or STRIVE Act of 2007 is proposed United States legislation designed to address the problem of illegal immigration, introduced into the United States House of Representatives. Its supporters claim it would toughen border security, increase enforcement of and criminal penalties for illegal immigration, and establish an employment verification system to identify illegal aliens working in the United States. It would also establish new programs for both illegal aliens and new immigrant workers to achieve legal citizenship. Critics allege that the bill would turn law enforcement agencies into social welfare agencies as it would not allow CBP to detain illegal immigrants that are eligible for Z-visas and would grant amnesty to millions of illegal aliens with very few restrictions.

T nonimmigrant status, commonly referred to as a T visa, is a nonimmigrant status allowing certain victims of human trafficking and immediate family members to remain and work temporarily in the United States, typically if they report the crime to law enforcement, and agree to help them in the investigation and/or prosecution of the crime(s) committed against them. It also allows close family members of the victims to come to the United States legally. Despite being colloquially referred to as a visa, T status is not technically a visa, because it is issued to individuals who are already inside the United States.

An L-2 visa is a visa document used to enter the United States by the dependent spouse and unmarried children under 21 years of age of qualified L-1 visa holders. It is a non-immigrant visa, and is only valid for the duration of the spouse's L-1 visa.

<span class="mw-page-title-main">B visa</span> Visitor visa for the United States

A B visa is one of a category of non-immigrant visas issued by the United States government to foreign nationals seeking entry for a temporary period. The two types of B visa are the B-1 visa, issued to those seeking entry for business purposes, and the B-2 visa, issued to those seeking entry for tourism or other non-business purposes. In practice, the two visa categories are usually combined and issued as a "B-1/B-2 visa" valid for a temporary visit for either business or pleasure, or a combination of the two. Nationals of certain countries do not usually need to obtain a visa for these purposes.

The M-1 visa is a type of student visa in the U.S. reserved for international students attending vocational schools and technical schools.

The United States Citizenship and Immigration Services (USCIS) issues a number of forms for people to submit to them relating to immigrant and non-immigrant visa statuses. These forms begin with the letter "I". None of the forms directly grants a United States visa, but approval of these forms may provide authorization for staying or extending one's stay in the United States as well as authorization for work. Some United States visas require an associated approved USCIS immigration form to be submitted as part of the application.

Form I-539, Application to Extend/Change Nonimmigrant Status is one of the forms issued by the United States Citizenship and Immigration Services. It is used by people currently in the United States in a non-immigrant status to change the classification for their status and/or extend their stay with their current status. Both the current status and the status to which the transition is being sought must be non-immigrant visa statuses.

The Legal Immigration Family Equity Act of 2000, also known as the LIFE Act and as the Legal Immigration and Family Equity Act, along with its Amendments, made some changes to laws surrounding immigration for family members of United States citizens and Lawful Permanent Residents, as well as people eligible for employment-based immigrant visas, in the direction of making it easier for family members and immigrant workers to move to and adjust status within the United States. It was passed on December 21, 2000, as title XI of Pub. L. 106–553 (text)(PDF).

<span class="mw-page-title-main">Form I-140</span> I-140, Immigrant Petition for Alien Worker

Form I-140, Immigrant Petition for Alien Worker is a form submitted to the United States Citizenship and Immigration Service (USCIS) by a prospective employer to petition an alien to work in the US on a permanent basis. This is done in the case when the worker is deemed extraordinary in some sense or when qualified workers do not exist in the US. The employer who files is called the petitioner, and the alien employee is called the beneficiary; these two can coincide in the case of a self-petitioner. The form is 6 pages long with a separate 10-page instructions document as of 2016. It is one of the USCIS immigration forms.

The R-1 visa is a non-immigrant visa which allows travel to the United States for service as a minister or other religious occupation. Between October 2019 and September 2020, there were 2,399 R visas issued.

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. ↑ "Fake Robberies Allowed Fake Victims to Apply for Visas, Prosecutors Say". New York Times. December 14, 2023.
  14. ↑ "Mom of Houston man killed during staged robbery wants bystander who shot him charged too". KHOU11. April 9, 2024.
  15. ↑ "USCIS' U Visa Program Is Not Managed Effectively and Is Susceptible to Fraud" (PDF). Department of Homeland Security Office of Inspector General. January 6, 2022.
  16. ↑ "Immigrant eligibility for CalFresh benefits". LSNC Guide to CalFresh Benefits. 2015-03-04. Retrieved 2023-04-27.
  17. ↑ "Cash Assistance Program for Immigrants". www.cdss.ca.gov. Retrieved 2023-05-05.
  18. ↑ "National Engagement - U Visa and Bona Fide Determination Process - Frequently Asked Questions | USCIS". www.uscis.gov. 2021-09-23. Retrieved 2023-04-27.
  19. ↑ Veronica, Garcia (June 2022). "PROS AND CONS OF APPLYING FOR A U VISA" (PDF). Immigrant Legal Resource Center.
  20. ↑ "Non-immigrant visa statistics". United States Department of State. Archived from the original (PDF) on January 31, 2017. Retrieved January 29, 2017.
  21. ↑ "Number of Form I-918 Petitions for U Nonimmigrant Status" (PDF). www.uscis.gov.
Attribution

PD-icon.svg This article incorporates public domain material from Victims of Criminal Activity, U Nonimmigrant Status. United States Department of Homeland Security.

This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.