How To Get Your U-Visa: Explained

Anyone can be a victim of crime. That includes immigrants. Unfortunately, because of their often delicate personal situations and fears of being deported or punished, many immigrants historically failed to report crimes. This not only led to countless criminals getting away with their acts but also made immigrants prime targets for abuse and exploitation.

The U-visa was introduced in 2000 to change all that. It’s a special type of nonimmigrant visa designed to protect immigrant victims of crime and encourage them to assist the authorities and bring criminals to justice. Holders of this visa enjoy U nonimmigrant status, which brings with it a range of benefits, including, but not limited to:

• Protection from deportation
• A work permit
• A Social Security number

The only issue is that the U visa application process is a little complex, with strict eligibility criteria to meet and crucial supporting documentation to provide. This guide breaks down the entire process, step-by-step, covering everything you need to know to apply for a U visa.

Understanding U-Visa Eligibility

Now that we’ve answered What is a U Visa?, we need to understand how to qualify for one. As with any other type of visa, the U-visa comes with a list of eligibility criteria that successful applicants need to meet.

Eligibility Criteria

Every applicant must:

• Be a victim of criminal activity that occurred in the United States or a U.S. territory, or violated a U.S. federal law, which allows for it to be prosecuted in the U.S. even if it was committed elsewhere. You’ll find a full list of qualifying crimes below.
• Have suffered substantial physical or mental abuse because of the crime.
• Have some sort of information about the nature of the crime and/or the perpetrators which is likely to be helpful to law enforcement authorities.
• Be willing to help law enforcement in their investigation by providing details about the crime, answering questions, and so on.
• Be a non-citizen of the United States and be eligible for admission to the country without any applicable grounds of inadmissibility. Grounds of inadmissibility are essentially reasons why an individual may be deemed ineligible for U.S. residency. Someone with a violent criminal history or affiliation with a terrorist group, for example, could be deemed inadmissible.

Note that, in some cases, applicants who are ineligible may still apply and receive a waiver. U visa applicants who are minors or have disabilities that prevent them from aiding law enforcement directly may also still apply and potentially acquire a U-visa, as a parent, guardian, or legal aid can represent them and help the authorities on their behalf.

Note, too, that these conditions apply to candidates applying specifically for the U-1 visa. There are several varieties of U-visa, like the U-2 for spouses and the U-3 for children. The U-1 is for the primary applicant and victim of the crime in question, while the additional varieties, which range from U-2 to U-5, are for their family members.

In terms of which crimes count for U-visa applications, here’s a comprehensive list:

• Murder
• Sexual assault, rape, and sexual exploitation
• Forced labor or involuntary servitude
• Torture
• Stalking
• Assault with a weapon
• Enslavement or illegal detention
• Prostitution
• Female genital mutilation
• Perjury, witness tampering, or obstruction of justice
• Incest
• Fraud while hiring foreign workers
• Extortion
• Blackmail
• Abduction or hostage-taking
• Involuntary manslaughter
• Human trafficking
• Domestic violence
• Rapture

As you can see, many types of crimes are covered. But, regardless of the nature of the crime you were the victim of, the key is that you need to be willing and able to help law enforcement pursue the criminals and bring them to justice. This is why a certification from a law enforcement agency is one of the most important documents to provide with your U-visa application, which we’ll discuss in detail later on.

Qualifying Family Members

One of the perks of obtaining a U-visa is that you may bring some or all of your closest family members into the U.S. through the derivative U-visas (U-2 to U-5) mentioned earlier. Note that your family members don’t have to be victims of the crime or involved in any way to qualify, and if successful in their visas, they’ll enjoy the same rights to live and work in the U.S. as the U-1 holder.

Here’s a full qualifying family member list that applicants can bring into the country and the appropriate derivative visas for each one:

• Spouses: Spouses of U-1 visa holders can obtain a U-2 visa.
• Children: Children may obtain U-3 visas.
• Parents: If the U-1 visa holder is under 21, their parents can apply for a U-4 visa.
• Siblings: Again, as long as the U-1 visa holder is under 21, their siblings (under 18) can obtain a U-5 visa.

In effect, the age of the U-1 holder determines which family members and derivative U-visas they can apply for. Those over 21 can bring their spouses and children into the country, while those under 21 can bring in their spouses and children, if they have them, along with parents and any unmarried siblings under the age of 18.

To bring in a family member, you’ll have to fill out a petition for qualifying family member form (Form I-918 Supplement A) for each person, as well as submit a copy of the U-1 applicant’s form (Form I-918). Other documents will also be needed to prove the family connection, like a marriage certificate or a child’s birth certificate.

The U-Visa Application Process

That’s the basics of U-visa eligibility covered. Next, let’s see exactly how to get your U-visa, step-by-step.

Step 1: Certification From Law Enforcement

To obtain a U visa, law enforcement certification is absolutely crucial. Law enforcement officials have to certify that the applicant is indeed the victim of a qualifying crime. This is the primary piece of evidence that shows someone is truly eligible to apply for their U-visa. Without it, a U-visa application will not proceed or be successful.

To be more specific, the official name for a law enforcement certification is Form I-918 Supplement B. Law enforcement agencies (local, state, or even federal agencies are all applicable) are the primary sources to fill out these forms, but not the only ones. Judges, prosecutors, and other authorities (like Child Protective Services, for instance) all have the authority to certify a crime, too.

However, there are a few key criteria that need to be met:

• The Supplement B form has to be signed by an authorized law enforcement officer or other qualifying agent.
• It also must be executed within six months from the date on which you file your U-visa application.
• It should also contain key pieces of information, such as the victim’s full name, date of birth, and information about the crime.

Additionally, the form contains a section about the victim’s “helpfulness.” This is a vague term that can be subject to differing interpretations and may cause confusion. However, many different acts – like calling the police to report the crime, visiting a police station, providing evidence, filing charges, and being willing to testify in court – all fall under the umbrella of “helpfulness.”

Step 2: Filing Form I-918

Along with your law enforcement certification, you’ll have to submit your main U-visa application form – Form I-918. Also known as the Petition for U Nonimmigrant Status, this form demands a lot of personal info. You’ll need to fill in your name, address, date of birth, passport details, and recent history (last five years) of your visits to the U.S., including specific dates and locations you’ve been to.

The form also asks for details regarding the applicant’s family, like whether or not they’re married and if they have children. All the requested details listed on the form need to be supplied in full, as incomplete forms won’t be accepted or processed. It’s often wise to seek legal assistance to ensure you complete the form correctly to avoid unwanted delays or other problems.

Note, however, that Form I-918 isn’t the only document to provide. You need to include Supplement B with your application, as well as a signed personal statement, which should go into detail about the nature of your case. Here, you can talk about the crime you were a victim of, how it affected you (physically, mentally, or both), and how you’ve responded to it and aided the authorities.

In addition, you may be required to fill in and submit extra forms, depending on your status. Form I-192, for example, is necessary for those who would usually be ineligible for residency or admission in the U.S. Additional supporting documents and pieces of evidence are also helpful to back up your claims, which could include:

• Medical records to demonstrate physical injuries as a result of the crime
• Photographs or video evidence of physical injuries (with affidavits for certification)
• Witness statements and police reports to confirm your account of the crime
• A statement from your therapist or mental health counsellor to demonstrate mental distress

In general, the more documents and evidence you submit, the better. It also helps to provide a mixture of evidence from different sources, like doctors, law enforcement, witnesses, and so on, as this helps to build a fuller, more complete picture of the crime and the negative impacts it had on your life. The United States Citizenship and Immigration Services (USCIS) tends to appreciate this sort of varied proof.

Step 3: Bona Fide Determination

In the early days of the U-visa system, applicants encountered one recurring difficulty: it took a long time for their applications to be processed and to ultimately receive their visas. In the meantime, they were effectively stuck in a limbo-like legal state without the rights and benefits that the U-visa would eventually afford them.

To resolve this issue, USCIS decided to introduce the bona fide determination system. With this system, applicants can get the support they need much quicker. Here’s how it works:

• Every U-visa applicant is reviewed by the Department of Homeland Security (DHS).
• If the DHS deems the applicants genuine, they receive a Bona Fide determination status.
• This then leads to the applicant receiving “Deferred Action for U Visa,” which gives them the rights of a U-visa holder (protection against deportation and the ability to work in the U.S.) while their application is pending.

In essence, the bona fide determination system means that applicants can live and work as though they already have a U-visa while they wait for theirs to be approved. This doesn’t necessarily mean that you’re guaranteed to get a U-visa at the end, but it makes life simpler while you’re waiting for the decision.

In terms of how the DHS decides if an applicant is bona fide, they’ll look at several key criteria, including:

• A complete and signed Form I-918
• A complete and signed Supplement B
• A detailed and signed personal statement from the applicant
• Criminal and security background checks of the applicant

The Role of USCIS in U-Visa Processing

Ultimately, the USCIS is the main authority responsible for processing all U-visa applications and issuing U-visa to qualifying applicants.

Bona Fide Determination Process

The USCIS introduced the bona fide determination process to speed up and simplify U-visa applications. It works in conjunction with the DHS to determine whether or not an applicant’s submission is “bona fide.” If the application is deemed bona fide, the applicant will receive an immediate boost to their status within the U.S.

Applicants don’t need to do anything special or fill in any additional USCIS forms for a pending bona fide petition. They simply need to fill in the initial application forms correctly, provide certification from law enforcement to support their submission, write a personal statement, and supply any additional evidence that may help to explain and prove what happened to them.

With everything submitted correctly, it’s simply a waiting game while USCIS and the DHS run the relevant checks. If they decide that your application is bona fide, they’ll issue a notice to let you know.

If you’ve submitted your U-Visa and waited at least 3 months, but still haven’t received your bona fide determination or work permit, you can use Pro Se Pro’s U Visa Mandamus Service to demand faster processing of your application with the USCIS.

Deferred Action and Work Authorization

If a U-visa applicant passes the bona fide determination process, they’ll obtain deferred action status. This means they can apply for employment authorization documents, or EADs, in order to obtain work authorization and start working in the U.S. They’ll also enjoy other benefits, like protection against deportation for as long as their U-visa application is being processed.

Note that you can apply for an EAD with your initial U-visa application forms. If you do that, and you receive bona fide status, the DHS will automatically issue your EAD. This can help speed up your path into work, so it’s worth considering for applicants who are eager to start working as soon as possible.

Challenges and Considerations in the U-Visa Process

If you fill in all relevant forms correctly, provide appropriate evidence, and meet the eligibility criteria, you should be able to receive your U-visa. However, there may still be some challenges to overcome along the way.

Backlogs and Processing Times

One of the biggest downsides to U-visa applications is how long it takes for them to get approved. There has consistently been a huge backlog of applications almost since the U-visa scheme was first introduced, as there’s a limit of 10,000 applications per year. This means that new applicants may have to wait several years before actually getting a decision and receiving their visas.

Steps have been implemented to improve processing times and shorten the wait for each pending U-visa application. The bona fide determination policy, as explained above, was also introduced to ease the stress on applicants and make their lives easier in terms of working and living in the U.S. while they await a decision. However, it still takes a long time for any application to be reviewed and decided on.

As such, it’s important for applicants to manage their expectations. Don’t go into the process assuming that you’ll have your visa within a matter of months or even within a year. It’ll typically take much longer than that, so it’s important to get your application submitted as soon as possible to kick-start the process and then use the online portal to track your application as it progresses.

If you’ve submitted your U-Visa application and still have not received your BFD and EAD (and it’s been over 3 months), then you can use Pro Se Pro’s U Visa Mandamus Service to speed up the decision.

Legal Assistance and Resources

Data from the USCIS shows that each year, an average of around 15-20% of U-visa applications are denied. There are several possible explanations for this. It may be, for example, that the forms have not been completed correctly, or that sufficient evidence wasn’t supplied. Alternatively, the applicant’s personal statement may have lacked detail or missed out key pieces of information.

This is why applicants are always encouraged to seek out professional immigration legal services to assist them. Reading an immigration law resource guide and other online guides is a good way to get started and learn about the process, but it’s often much wiser to have a legal expert on your side, helping you fill out the forms and supply relevant evidence to support your case.

Post-U-Visa Approval: Next Steps

Next, let’s take a quick look at what happens and what to do once you’ve got your U-visa.

Adjustment of Status

The U-visa essentially gives you the power to adjust status and pursue the path to citizenship, eventually becoming a lawful permanent resident of the United States. However, you won’t be able to do that right away. You have to hold your U-visa for at least a few years before applying for residency. Here’s a simple timeline and list of requirements:

• You’ll need to live continuously in the U.S. for a minimum of three years. That means you can’t be away for more than 90 days consecutively or 180 days overall. Note: there are exceptions for people who were forced to leave the country as part of the criminal investigation.
• You need to continue providing assistance to law enforcement authorities in relation to the criminal investigation that formed the basis of your U-visa application. So, if the officers need more information from you, make sure you keep helping and responding to them.
• Your presence in the U.S. must be justified according to “humanitarian grounds,” which is something that the USCIS will need to decide. They’ll do this based on the pros and cons of you being in the country – having a criminal record or immigration violation would be a “con,” while working and contributing to society would be “pros.”

You’ll also have to wait a while for your green card application to be processed. That can take a couple of years. In the meantime, your U-visa will be extended while you wait, letting you continue living and working in the U.S.

Rights and Responsibilities

U-visa holders have a range of rights and benefits, but also responsibilities they need to keep in mind at all times. Their rights include:

• Protection against deportation
• Freedom to live and work in the U.S.
• A Social Security number
• Eligibility for future residency and citizenship
• The chance to bring family members to the U.S.

The responsibilities, meanwhile, include:

• Consulting with legal professionals and relevant authorities before traveling, getting married, or any other big life changes
• Living a lawful life and avoiding any trouble or crime to maintain a clean record
• Being responsible for any family members you bring to the country in terms of protection and ensuring they comply with U.S. laws

Conclusion

Overall, the U-visa application process may seem confusing and complex at first glance, but that should not deter you from pursuing an application if you meet the USCIS eligibility criteria. If you’ve been the victim of a crime in the U.S., this visa exists to help and protect you, paving the way to justice and potentially a better and safer life for you and your family.

However, given the complexities involved, it’s best to seek professional assistance where necessary. Do your research and contact trusted legal professionals and other relevant organizations to guide you in the right direction, like Pro Se Pro. We help U-visa applicants receive their BFD and EAD while they await U-visa approval. Contact us to learn more.

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