The U nonimmigrant visa, created as part of the Victims of Trafficking and Violence Protection Act of 2000, is available to foreign nationals who have been victims of certain crimes involving physical or mental abuse. The recipient of a U visa can obtain lawful residency status in the United States for up to four years and may be eligible for an adjustment of status to lawful permanent resident after only three years. A U visa can also provide work authorization and may offer attendant benefits to qualifying members of the victim’s family.
The primary objective of the U visa is to provide protection to individuals who have been subjected to domestic abuse or other violent crimes in their countries of origin. However, in the statute creating the U visa, Congress explicitly stated that the visa is also intended to protect individuals who have been subjected to certain work-related crimes.
To qualify for a U nonimmigrant visa, an applicant must meet the following requirements:
To petition the United States government for a U visa, you must complete and submit the Petition for U Nonimmigrant Status (Form I-918). If you want qualified members of your family to secure any of the benefits of the visa, you must also complete Supplement A to Form I-918, the Petition for Qualifying Family Member of U-1 Recipient. A governmental entity must also submit Supplement B to Form I-918, certifying that you met the requirements set forth in the statute. You must also provide a personal statement that includes a narrative of the crimes you suffered, as well as any information about subsequent injuries, police reports, medical records, and court documents.
The process can be lengthy, often taking as long as 10 years. As a general rule, it can take more than four years simply to fully process your application. Furthermore, there’s an annual cap of 10,000 U Nonimmigrant visas issued, so you may meet all the requirements but still have to wait for eligibility. You can, however, have the USCIS grant “deferred action” on your visa application, allowing you to obtain work authorization in the United States until your U visa is issued.
If you have been the victim of certain crimes of violence, either in your home country or in the United States, you and members of your family may be eligible for a U Nonimmigrant visa, which can give you temporary lawful residency status in the United States for up to four years. The U Nonimmigrant visa may also qualify you to seek permanent lawful residency status, once you have been in the United States for three years. The process for obtaining a U Nonimmigrant visa can be lengthy, though, often taking more than ten years.