Know the Laws:
UPDATED January 8, 2009
This page includes information for obtaining legal status if you are the victim of a crime (including domestic abuse) and are or will be helpful in the investigation or prosecution of the crime.
Basic Info
back to topWhat is a U-visa?
The Victims of Trafficking and Violence Protection Act of 2000 created two new nonimmigrant visas for noncitizen victims of crimes, the T-visa and the U-visa. Both visas are designed to provide immigration status to noncitizens that are assisting or are willing to assist authorities investigating crimes.
The US Citizenship and Immigration Services (USCIS) issued the U visa regulation on September 17, 2007. This law becomes effective 30 days after its approval. This law is effective beginning October 17, 2007
The U visa is designed for noncitizen crime victims who (1) have suffered substantial physical or mental abuse from criminal activity; (2) have information regarding the criminal activity; (3) assist government officials in the investigation or prosecution of such criminal activity; and (4) the criminal activity violated US law or occurred in the United States (including Indian country and military installations) or the territories and possession of the United States.
Your abuser does not need to be a U.S. citizen or lawful permanent resident, and you do not have to have been married to the abuser to be eligible for a U visa.
You are not required to be physically present in the US to qualify for a U visa. You can apply from abroad as long as the criminal activity violated US law or occurred in US territories.
USCIS can only grant U visa status to 10,000 noncitizens in each fiscal year. This number does not include persons eligible for U visa derivatives status – e.g. spouses, children or parents of applicants.
Persons granted U visa status can remain in the United States for a period of up to 4 years, with possible extensions in certain cases (ask a lawyer if you are in need of an extension). After three years, U visa holders may apply for lawful permanent residence.
The U visa holders automatically qualify for employment authorization.
back to topHow is my current temporary visa affected by a U visa ?
If you have a current temporary (non-immigrant) visa, you can apply for a U- visa.
If you are granted U-visa, you will have to cancel your current nonimmigrant visa and not renew it.
back to topAm I obligated to cooperate with the authorities?
In cases where the petitioner is under the age of 16 or is incapacitated or incompetent, this requirement can be satisfied by the parent, guardian, or next friend* submitting the necessary evidence on behalf of the petitioner. Such person must provide evidence of her or his qualifying relationship to the petitioner and evidence establishing the age, incapacity or incompetence of the petitioner.
*A next friend is a person who appears to act for the benefit of a nonimmigrant who is under the age of 16, or who is incapacitated or incompetent.
back to topShould I, as a U-visa applicant, go to CIS?
You may not want to go to the CIS, even if you think you qualify as a potential U-visa applicant. There is always the possibility of deportation if you do not have a current legal status.
There are many questions about how CIS will interpret the eligibility requirements. If you are currently undocumented and you approach CIS for a U visa, you could be deported if your U visa application is denied.
In all cases, you should consult with an immigration expert. S/he can help you figure out if you are likely to qualify or if there is a risk of being deported. To find help, please go to International/Immigration organizations in the National Help section under the Where to Find Help tab at the top of this page.
back to topIf I have been the victim of domestic violence, should I apply for VAWA or for a U-visa?
It depends. If you are an abused spouse or child of a lawful permanent resident or US citizen, you are eligible to self-petition to gain lawful status under VAWA.
Victims of domestic violence who are not married to the abuser, or who have been abused by spouses who are not US citizens or lawful permanent residents, are not eligible to self-petition under VAWA, but may seek status under the U visa. You should discuss either of these options with an immigration specialist BEFORE you go to the CIS. To find help, please go International/Immigration organizations under Where to Find Help.