In U.S. immigration law, the U Visa program offers hope and support to immigrant victims of serious crimes established under the Victims of Trafficking and Violence Protection Act of 2000, alongside the T Visa for human trafficking victims, it aims to enhance public safety by allowing crime victims to stay in the U.S. and help law enforcement catch and prosecute offenders.
The U Visa: A Lifeline for Victims
It grants legal status in the U.S. for up to four years, with extensions possible in special cases. After three years with a U Visa, holders can apply for legal permanent residence, commonly known as a green card but this is more than just claiming victim status, applicants must secure a “certificate of helpfulness” from a government agency and prove they suffered mental or physical abuse due to a crime in the U.S. Additionally, those considered “inadmissible” due to previous immigration issues or other reasons must apply for a waiver.
Eligibility Criteria
- Apply using Form I-918, candidates must meet specific criteria and provide solid evidence to USCIS:
- They must have been a victim of a crime in the U.S. and In some cases, indirect victims such as witnesses or close family members affected by the crime can also apply.
- The crime must have caused significant physical or mental harm.
- The applicant must have information about the criminal activity. For minors under 16, a parent, guardian, or representative can provide this information.
- The applicant must be willing to assist law enforcement in investigating and prosecuting the crime.
- The victim must be admissible or apply for a waiver using Form I-192.
Qualifying Crimes
Violence: Murder, manslaughter, vehicular homicide, robbery, felonious assault, domestic violence, and stalking.
Enslavement: Criminal restraint, kidnapping, abduction, forced labor, slavery, human trafficking, and false imprisonment.
Sexual: Rape, incest, sexual trafficking, sexual assault, and female genital mutilation.
Obstruction of Justice: Perjury, witness tampering, and withholding evidence.
Fraud in Foreign Labor Contracting: Fraud related to foreign labor contracts.
Attempting, soliciting, or conspiring to commit these crimes also qualifies.
Proving Substantial Physical or Mental Abuse
Applicants must demonstrate that the crime caused significant harm. USCIS evaluates the severity, duration, and lasting effects of the abuse. Evidence can include:
- Personal statements
- Medical records
- Photographs of injuries
- Affidavits from social workers
Providing Helpful Information to Law Enforcement
U Visas encourages immigrant victims to cooperate with law enforcement, who must certify that the applicant was helpful in the investigation or prosecution. This certification, Form I-918B, can be provided by police or other law enforcement agencies, although they are not required to do so unless mandated by state laws.
Waiver for Inadmissibility
Inadmissible applicants must seek a waiver using Form I-192. This waiver does not require proving “extreme hardship,” and each case is reviewed individually. It’s crucial to disclose all grounds of inadmissibility to avoid issues with the U Visa.
Derivative U Visas for Family Members
Family members of U Visa holders may also receive derivative U Visas. Eligible relatives include:
- Unmarried children under 21
- Spouses
- Parents (if the principal applicant is under 21)
- Unmarried siblings under 18 (if the principal applicant is under 21)
- These family members must also be admissible or seek a waiver if needed.
The U Visa program provides a vital lifeline for immigrant victims of serious crimes, offering them protection, legal status, and the opportunity to help law enforcement. Understanding the eligibility criteria and application process is essential for those seeking this humanitarian relief, showcasing the U.S.’s commitment to justice and support for vulnerable individuals.
