what are the eligibility criteria for the u visa for victims of crime?

The U visa is a nonimmigrant visa designed to provide legal status to 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. 

Understanding the U Visa

The U visa was created to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, human trafficking, and other crimes while also protecting victims of these crimes who have suffered substantial mental or physical abuse.

Eligibility Criteria for the U Visa

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

1. Victim of a Qualifying Crime

You must be a victim of one of the following qualifying crimes:

• Domestic violence

• Sexual assault

• Human trafficking

• Abduction

• Blackmail

• Extortion

• False imprisonment

• Female genital mutilation

• Hostage

• Incest

• Involuntary servitude

• Kidnapping

• Manslaughter

• Murder

• Obstruction of justice

• Peonage

• Perjury

• Prostitution

• Rape

• Sexual exploitation

• Slave trade

• Torture

• Trafficking

• Witness tampering

• Unlawful criminal restraint

• Other related crimes

2. Suffered Substantial Abuse

You must have suffered substantial physical or mental abuse as a result of being a victim of one of the qualifying crimes.

3. Possess Information About the Crime

You must possess information concerning the criminal activity. If you are under the age of 16 or are unable to provide information due to a disability, a parent, guardian, or next friend may possess the information about the crime on your behalf.

4. Helpfulness to Law Enforcement

You must have been helpful, are being helpful, or are likely to be helpful to law enforcement officials in the investigation or prosecution of the crime. Law enforcement agencies must certify your helpfulness by completing Form I-918, Supplement B, U Nonimmigrant Status Certification.

5. Admissibility to the United States

You must be admissible to the United States. If you are not admissible, you may apply for a waiver of inadmissibility by filing Form I-192, Application for Advance Permission to Enter as a Nonimmigrant.

Application Process for the 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, 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., file Form I-192, Application for Advance Permission to Enter as a Nonimmigrant, to request a waiver of inadmissibility.

Important Considerations

• Annual Cap: There is an annual cap of 10,000 U visas issued per fiscal year. If the cap is reached, eligible applicants will be placed on a waiting list.

• Derivative Beneficiaries: Eligible family members, such as spouses, children, parents (if the applicant is under 21), and unmarried siblings (if the applicant is under 21), may also apply for U visa status as derivative beneficiaries.

• Work Authorization: Once granted U visa status, you are eligible to apply for work authorization.

Keywords

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Conclusion

The U visa provides crucial protection and support for victims of certain crimes who have suffered substantial abuse and are willing to assist law enforcement in the investigation or prosecution of those crimes. Understanding the eligibility criteria and application process can help ensure that you or your loved ones receive the necessary support and legal status.

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