In October 2000 Congress created the U Visa with the passage of “Victims of Trafficking and Violence Protection Act, including the Battered Immigrant Women’s Protection Act”. The U Visa was set aside for victims of certain crimes who have suffered mental or physical abuse and are helpful to the law enforcement or government officials in the investigation or prosecution of the crime or criminal activity. The legislation was intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, trafficking of aliens and other crimes while also protecting victims of crimes who have suffered substantial mental or physical abuse due to the crimes and are also willing to assist the law enforcement and other authorities in their investigation or prosecution of the criminal activity. The list of crimes covered by the legislation includes the following:
Abduction, Abusive sexual conduct, blackmail, domestic violence, extortion, false imprisonment, female genital mutilation, felonious assault, fraud in foreign labor contracting, hostage, incest, involuntary servitude, kidnapping, manslaughter, murder, obstruction of justice, peonage, perjury, prostitution, rape, sexual assault, sexual exploitation, slave trade, stalking, torture, trafficking, witness tampering, unlawful criminal restraint and other related crimes.
APPLICANTS MAY APPLY FOR U VISA WITHIN THE UNITED STATES OR FROM OVERSEAS
Those that qualify may apply for the status within the United States or from outside the United States. For those that are in the United States, you may file Form I-918 – Petition for U nonimmigrant status. You also need to file Form I-918, supplement B – U nonimmigrant status certification. This form must be signed by an authorized official of the Certifying law enforcement agency. The official must confirm that you are a victim of any of the crimes listed above and that you were helpful, and are currently being helpful or will likely be helpful to the law enforcement in their investigation or prosecution of the case. If you are in the United States, your petition will be processed by the United States Citizenship and Immigration Services. If you are outside the United States, after the approval of your application, you must appear before a consular official for interview and if you are successful, you will be issued a visa to travel to the United States.
DURATION OF STATUS
The duration of U Visa is four (4) years but may be renewed under certain circumstances, such as
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If the extension is needed based on a request from the law enforcement agency investigating or prosecuting the case
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If the extension is needed based on exceptional circumstances
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If the extension is needed due to delays in consular processing
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The status is automatically extended upon the filing and the pendency of application for adjustment of status
EMPLOYMENT AUTHORIZATION
If you apply for the U Visa, you are also granted employment authorization if your U visa application is approved. You do not need a separate application for employment authorization.
APPLICATION FOR GREEN CARD
You may apply for green card within three years of obtaining your U Visa if you meet certain requirements:
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You have been physically present in the United States for a continuous period of at least three years while on U Visa, and
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You have not unreasonably refused to provide assistance to law enforcement since you received your U visa
YOUR FAMILY MEMBERS MAY GET U VISA THROUGH DERIVATIVE STATUS
Once your U Visa application is approved, you may apply for U Visa for your spouse, children, parents and unmarried siblings under the age of 18 years if you are under the age of 21. If you are 21 years of age or older, you may apply for your spouse and children only. If your family members are in the United States, they may apply for green card through the United States Citizenship and immigration Services. If you or your family members are outside the United States, they will have to go through consular process.