U Visa Immigration Relief
Immigration options for crime victims and survivors of domestic violence, abuse, and other serious harm.
Victims of crime and domestic violence may be afraid to seek immigration assistance, especially when an abuser has threatened them, controlled their documents, or used their immigration status against them. Federal immigration law provides certain protections that may allow qualifying survivors to pursue lawful status without depending on an abusive relative or employer.
Capital Gateway Immigration helps survivors evaluate their eligibility for U nonimmigrant status, commonly called a U visa. Our Sacramento immigration team handles these matters with care, discretion, and respect for the safety and privacy of each client.
Immigration Relief for Survivors
U visas and VAWA provide different forms of immigration relief. Although both may help survivors of abuse or criminal activity, their eligibility requirements are not the same.
A U visa may be available to a victim of certain qualifying criminal activity who suffered substantial physical or mental abuse and was helpful to law enforcement.
VAWA may allow an abused spouse, child, or parent of a U.S. citizen or lawful permanent resident to pursue immigration relief without the abuser’s knowledge, permission, or participation.
Some survivors may qualify under both programs. Others may have an additional option, such as a T visa, asylum, cancellation of removal, or a family-based petition. We evaluate all reasonably available options before recommending a strategy.
U Visas for Victims of Crime
U nonimmigrant status was created to protect certain victims of serious crimes who assist law enforcement in detecting, investigating, prosecuting, convicting, or sentencing criminal activity.
A U visa can provide qualifying victims with temporary immigration status and employment authorization. Certain qualifying family members may also be included. After meeting the applicable requirements, a person granted U status may later become eligible to apply for lawful permanent residence.
Who May Qualify for a U Visa?
A person requesting U nonimmigrant status generally must establish that:
- The person was a victim of qualifying criminal activity
- The crime occurred in the United States or violated United States law
- The person suffered substantial physical or mental abuse as a result of the crime
- The person possesses information about the criminal activity
- The person has been, is being, or is likely to be helpful to law enforcement or another qualifying authority
- A qualifying agency has properly certified the person’s helpfulness
- The person is admissible to the United States or qualifies for a waiver of the applicable ground of inadmissibility
USCIS evaluates the complete circumstances of the case. Being the victim of a crime does not automatically establish eligibility for a U visa.
What Crimes May Qualify for a U Visa?
Qualifying criminal activity may include:
- Domestic violence
- Felonious assault
- Sexual assault
- Rape
- Abusive sexual contact
- Kidnapping
- Abduction
- Trafficking
- Involuntary servitude
- Peonage
- False imprisonment
- Extortion
- Blackmail
- Stalking
- Witness tampering
- Obstruction of justice
- Perjury
- Manslaughter
- Murder
- Female genital mutilation
- Incest
- Sexual exploitation
- Prostitution-related offenses
- Unlawful criminal restraint
- Fraud in foreign labor contracting
An attempt, conspiracy, or solicitation to commit qualifying criminal activity may also qualify.
The name of the offense in a police report or criminal case does not always determine U visa eligibility. State criminal statutes may use different terminology. An attorney must examine the facts, the conduct involved, and the applicable criminal law to determine whether the offense corresponds to qualifying criminal activity under federal immigration law.
The Law Enforcement Certification
A U visa filing generally requires Form I-918 Supplement B, commonly called a U visa certification. An authorized official from a qualifying agency must sign the certification.
Depending on the case, a certification may be issued by:
- A police or sheriff’s department
- A prosecutor
- A judge
- A child protective services agency
- A labor enforcement agency
- Another federal, state, or local authority responsible for investigating or prosecuting qualifying criminal activity
The certification confirms that the person was a victim of qualifying criminal activity and has been, is being, or is likely to be helpful.
A certification does not grant a U visa. USCIS makes the final decision regarding eligibility. Similarly, an agency’s refusal to sign a certification is not necessarily a determination that the person was not a victim. Certifying agencies generally have discretion over whether to sign.
Our firm reviews police reports, court records, restraining orders, witness statements, and other available evidence before preparing a certification request.
What Does It Mean to Be Helpful?
A U visa applicant must generally demonstrate helpfulness to law enforcement or another certifying authority.
Helpfulness may include:
- Reporting the crime
- Answering questions
- Giving a statement
- Identifying the person responsible
- Providing documents or other evidence
- Appearing in court when requested
- Cooperating with investigators or prosecutors
- Assisting with the detection or investigation of the criminal activity
A criminal arrest or conviction is not always required. The outcome of the criminal case does not necessarily control whether the victim was helpful.
Applicants should continue to cooperate with reasonable requests from law enforcement. An unreasonable refusal to provide requested assistance may affect eligibility, even after a certification has been signed.
Special rules may apply when the victim was under 16 years old or was unable to provide information because of a disability. In certain cases, a parent, guardian, or next friend may assist law enforcement on the victim’s behalf.
Substantial Physical or Mental Abuse
Not every injury must be visible. USCIS may consider physical harm, emotional trauma, anxiety, depression, fear, loss of sleep, disruption of daily life, and other consequences of the crime.
Factors may include:
- The nature of the injury
- The severity of the perpetrator’s conduct
- The duration of the harm
- Whether the harm caused permanent or serious damage
- Whether the victim had a preexisting condition that made the harm more severe
- The cumulative effect of repeated conduct
Evidence may include medical records, counseling records, psychological evaluations, photographs, declarations, police reports, protective orders, and statements from people familiar with the effects of the crime.
Family Members of U Visa Applicants
Certain U visa applicants may be able to request derivative status for qualifying family members. The relatives who may qualify depend in part on the principal applicant’s age.
Potential derivative relatives may include a spouse, children, parents, or certain unmarried siblings. Each derivative family member must independently address any applicable grounds of inadmissibility.
Because age, marriage, and family relationships can affect derivative eligibility, families should obtain legal advice before filing.
U Visa Processing and the Annual Limit
Federal law limits the number of principal U visas that may be granted each fiscal year to 10,000. This limit does not include derivative family members.
Because the number of eligible applicants exceeds the annual limit, final adjudication can take many years. During this period, USCIS may review a filing for placement on a waiting list or under the bona fide determination process.
Depending on the case and current USCIS policy, a qualifying applicant may receive deferred action and employment authorization while waiting for a U visa to become available. Neither a bona fide determination nor placement on the waiting list is a final grant of U nonimmigrant status.
Applicants should understand that filing a U visa petition does not result in immediate lawful status or employment authorization.
Applying for a Green Card After Receiving a U Visa
A person granted U nonimmigrant status may eventually qualify to apply for lawful permanent residence. The applicant generally must satisfy requirements involving continuous physical presence, cooperation with law enforcement, admissibility or applicable exceptions, and humanitarian, family-unity, or public-interest considerations.
Applicants should preserve records of their physical presence and avoid extended travel or conduct that could jeopardize eligibility.