U visa

The U visa is a nonimmigrant visa which is set aside for victims of crimes (and their immediate family members) 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.

Congress created the U nonimmigrant visa with the passage of the Victims of Trafficking and Violence Protection Act (including the Battered Immigrant Women’s Protection Act) in October 2000. The legislation was intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, trafficking of people, and other crimes while, at the same time, offer protection to victims of such crimes. The legislation also helps law enforcement agencies to better serve victims of crimes.

There are six legal requirements for U nonimmigrant status:

Crimes whose victims may qualify for U nonimmigrant status include:

A petition for U nonimmigrant status must also contain a certification of helpfulness in the form of a U Nonimmigrant Status Certification (Form I-918, Supplement B) from a certifying law enforcement agency. This document demonstrates the petitioner "has been helpful, is being helpful, or is likely to be helpful" in the investigation or prosecution of the criminal activity.

The government entities which are considered "certifying agencies" for the purpose of a U visa application include Federal, State or local law enforcement agencies, prosecutors, and judges, as well as child protective services, the Equal Employment Opportunity Commission, and the Department of Labor.

After three years of continuous physical presence in the United States while in U nonimmigrant status, a U visa holder may be eligible to adjust status and become a Lawful Permanent Resident (LPR) if certain requirements are met.

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