How do i apply for a u visa as a crime victim?

The U visa is a special visa category designed for victims of certain crimes who have suffered substantial mental or physical abuse and are willing to assist law enforcement and government officials in the investigation or prosecution of the criminal activity. 

What is a U Visa?

The U visa provides temporary legal status and work eligibility in the United States for victims of qualifying crimes. The primary purpose of the U visa is to encourage victims to report crimes without fear of deportation and to help law enforcement agencies investigate and prosecute criminal activities.

Eligibility Criteria for a U Visa

To qualify for a U visa, you must meet the following criteria:

1. Victim of a Qualifying Crime: You must have been a victim of one of the qualifying criminal activities, such as domestic violence, sexual assault, human trafficking, abduction, blackmail, extortion, and others.

2. Substantial Abuse: You must have suffered substantial physical or mental abuse as a result of the criminal activity.

3. Helpfulness: You must possess information concerning the criminal activity and be helpful, are being helpful, or are likely to be helpful in the investigation or prosecution of the crime.

4. Certification: You must obtain a certification from a law enforcement agency, prosecutor, judge, or other authority that you have been, are being, or are likely to be helpful in the investigation or prosecution of the criminal activity.

5. Admissibility: You must be admissible to the United States or obtain a waiver of inadmissibility.

Steps to Apply for a U Visa

1. Complete Form I-918

• Form I-918: Submit Form I-918, Petition for U Nonimmigrant Status, to U.S. Citizenship and Immigration Services (USCIS).

• Supplement B: Include Form I-918, Supplement B, U Nonimmigrant Status Certification, which must be completed and signed by a law enforcement official.

2. Gather Supporting Documentation

• Personal Statement: Write a detailed personal statement describing the crime, the abuse suffered, and your cooperation with law enforcement.

• Evidence of Crime: Provide police reports, court documents, medical records, and other evidence supporting your claim of being a crime victim.

• Proof of Suffering: Include evidence of the physical or mental abuse you suffered, such as medical records, psychological evaluations, or affidavits from professionals.

• Identification Documents: Submit copies of your passport, birth certificate, and any other identification documents.

3. Apply for a Waiver (If Necessary)

• Form I-192: If you are inadmissible to the U.S., you must file Form I-192, Application for Advance Permission to Enter as a Nonimmigrant, to request a waiver of inadmissibility.

4. Submit Your Application

• Filing Location: Mail your completed application package, including Form I-918, Supplement B, supporting documents, and Form I-192 (if applicable), to the appropriate USCIS address.

• Filing Fee: There is no filing fee for Form I-918. However, there may be fees associated with Form I-192 if a waiver is needed.

5. Biometrics Appointment

• Biometrics: Attend a biometrics appointment to provide fingerprints, photographs, and a signature.

What Happens After Filing?

• Receipt Notice: You will receive a receipt notice from USCIS acknowledging your application.

• Processing Time: The processing time for a U visa can take several months to years due to high demand and limited annual caps.

• Work Authorization: If your U visa is approved, you will be eligible to apply for a work permit.

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Conclusion

Applying for a U visa involves several steps, including obtaining certification from law enforcement, gathering substantial documentation, and potentially applying for a waiver of inadmissibility. Understanding the requirements and following the process diligently can help victims of crime secure the protection and legal status they need in the United States.

If you have any questions or need legal assistance with your TPS application, please contact Liang Law at (408) 780-8862. We are here to help you through every step of the process.