U Visa for Victims of Certain Crimes

What Crimes Qualify for a U visa?

If you were a victim of any of these crimes, you would be eligible for a U visa: rape; torture; trafficking; incest; domestic violence; sexual assault; abusive sexual contact; prostitution; sexual exploitation; female genital mutilation; being held hostage; peonage; involuntary servitude; slave trade; kidnapping; abduction; unlawful criminal restraint; false imprisonment; blackmail; extortion; manslaughter; murder; felonious assault; witness tampering; obstruction of justice; perjury; or attempt, conspiracy, or solicitation to commit any of the above-mentioned crimes. Any crimes that are "substantially similar" to the ones listed above would also qualify.

How Long Does it Take to Obtain a U visa?

At the moment, it takes about 7 years to obtain a U visa. The wait times have steadily increased year after year. You should expect a significant wait time to obtain a U visa after you first file Form I-918, Petition for U nonimmigrant status. In the meantime, U.S. Citizenship and Immigration Services may issue a work permit after it determines that your petition is genuine. This decision is called a "bona fide determination" that your case appears to be real. A bona fide determination is currently taking about 5 years to be made from the moment you submit Form I-918. As a result, if you submit Form I-918 today, you will receive a bona fide determination in about 5 years along with a work permit under the category (c)(14) which means you have been given deferred action. Then, two years later you will receive an approval to Form I-918 along with a work permit under the category (a)(19), which means you have been granted a U-1 nonimmigrant visa.

What immigration penalties can be waived with a U visa?

Almost all immigration penalties can be waived with a U visa. At the time you file Form I-918, you must also file Form I-192, Application for Advance Permission to Enter as a Nonimmigrant. Form I-192 is a waiver application that can waive the 10-year unlawful presence penalty, the 10-year permanent penalty, fraud, alien smuggling, false claims to U.S. citizenship, removal orders, among others.

Can I be deported while I have a U visa petition pending?

Usually not. If you are in a deportation proceeding, you can request a continuance from an immigration judge to await the outcome of your U visa petition. These continuances are usually granted. But you must convince the immigration judge that you have filed a genuine petition that has some merit. If you filed a petition just to delay removal proceedings, then your continuance can be denied. Once a U visa is approved, you will receive a legal status and can then terminate removal proceedings.

What are the requirements to obtain a U visa?

There are four requirements for a person to obtain U nonimmigrant status. First, you must have suffered substantial physical or mental abuse as a result of qualifying criminal activity. Second, you must have been helpful, be helpful, or be likely to be helpful in the investigation or prosecution of qualifying criminal activity. Third, you must have information pertaining to the criminal activity. Finally, the criminal activity must have occurred in the United States.

Can I travel abroad with a U visa?

Yes, but we do not recommend it generally. After you receive a U visa, you will be granted a legal status that lasts four years. Once you have been continuously physically present in the United States for three years, you can for a green card with Form I-485, Application to Register Permanent Residence or Adjust Status. If you travel while you have a U visa, you may break the continuous physical presence requirement, which affects your eligibility to apply for a green card. Therefore, although you may travel on a U visa, you may risk the long term benefit of being able to apply for your legal permanent residence.

S Visas

S nonimmigrant visa status was created for non-citizens with critical, reliable information in the prosecution of a criminal organization, among other groups. For instance, a non-citizen may be granted S-5 status if he or she has critical and reliable information to the prosecution of criminal activity. S-6 status may be granted to non-citizens with information necessary to prosecute terrorist organizations. Significantly, unlike U nonimmigrant status, an S visa can only be requested by federal or state law enforcement agencies, or courts. An S visa is valid for period of three years.

T Visas

Due to growing concerns over the sexual exploitation of women and girls, the United States Congress created the T nonimmigrant visa. The purpose of the T visa is to prevent, in short, sex trafficking or slavery. In order to obtain a T visa, a non-citizen must help law enforcement authorities investigate or prosecute those involved with sex trafficking or slavery. In addition, a non-citizen must prove that his or her removal from the United State would impose a severe hardship to him or her.

T visas are limited in number. That is, only 5,000 T visas are issued per year. T visas are divided into various categories: T-1 for victims, T-2 for spouses of victims, T-3 for children of victims, and T-4 for parents of victims. T-2, T-3, and T-4 are not limited in number. Therefore, those granted T2, T-3, or T-4 status do not count towards the 5,000 numerical limit.

Similar to U nonimmigrant status, T visa status authorizes employment and creates a path to legal permanent residency after three years.