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.
Benefits of the U-Visa
back to topWhat are the benefits of a U visa?
- Approved U visa petitioners will be granted temporary legal status and work authorization. After three years, you will be eligible to apply for lawful permanent resident status. Be aware that U visa holders can remain in the US for a period up to 4 years with a possible extension in certain cases.
- The Secretary of Homeland Security and other government officials must provide U visa holders referrals to nongovernmental organizations which can advise you of options while in the United States and resources available to you.
Up to 10,000 U visas will be available each year for eligible applicants. Once the cap of 10,000 per year is reached, victims requesting U visa applications will be placed in a consecutive waitlist and will be issued deferred action (victims are no longer eligible for deportation). Although there are no caps for family members, The Department of Homeland Security (DHS) will not approve a family member until the primary U visa petitioner’s petition is approved.
back to topCan family members benefit from the U-visa?
Certain family members of persons granted U visa status can also qualify for a U- visa.
When the petitioner is 21 years or older (on the date of application) the following members may receive visas at the same time as the principal applicant:
- Spouse (U-2)
- Unmarried children under 21 (U-3)
When the petitioner is 20 years or younger (on the date of application) the following family members may receive visas at the same time as the principal applicant
- Spouse (U-2)
- Unmarried children under 21 (U-3)
- Parents (U-4)
- Unmarried siblings under 18 (U-5)
To qualify as a family member, a designated government official must certify that an investigation or prosecution would be harmed without the assistance of the qualifying relative. The CIS must unusually determine that the qualifying relative would suffer extreme hardship if a U visa is not granted, however in some cases you do not have to prove this "extreme hardship" requirement.
back to topCan I become a lawful permanent resident if I hold a U-visa?
U-visa allows an applicant to apply to become a lawful permanent resident if:
- was lawfully admitted to the United States as a U nonimmigrant
- Continues to hold U nonimmigrant status at the time of application (or accrued at least 4 years in U interim relief status and files a complete adjustment application within 120 days of the date of approval of the Form I-918)
- has been physically present in the United States for 3 years since the U-visa was issued
- is not inadmissible under INA 212(a)(3)(E)
- has not unreasonably refused to provide assistance to an official or law enforcement agency.
- can show that his/her continued presence in the United States is supported by humanitarian grounds, to ensure family unity, or is otherwise in the public interest.
back to topCan I travel outside the US after my U-Visa is approved?
U visa holders are allowed to leave the US but must apply for a reentry visa.
U Visa holders should keep in mind that if they accrued more than 180 days of “unlawful presence” prior to obtaining U nonimmigrant status, they may be found inadmissible on their return to the US. U visa holders subject to unlawful presence ground of inadmissibility may request a waiver of inadmissibility Form I-192. You may want to discuss this with an immigration lawyer BEFORE you leave the US.