The U visa provides critical immigration relief for victims of serious crimes who assist law enforcement with investigation or prosecution efforts.
The U visa offers a pathway to legal status and eventual permanent residency for qualifying crime victims, but navigating the application process requires careful attention to several key elements that immigration authorities will evaluate.
1. You must be a victim of a qualifying crime
U visa eligibility begins with experiencing a qualifying crime that violates U.S. law. The government specifically designates certain serious offenses for U visa eligibility, including domestic violence, sexual assault, human trafficking, felonious assault, kidnapping and extortion. You must have suffered substantial physical or mental harm as a direct result of this criminal activity.
2. Law enforcement certification is mandatory
A signed certification from a qualifying law enforcement agency constitutes a critical component of your U visa application. This document, Form I-918 Supplement B, must be completed by an authorized official who can verify your helpfulness in the criminal investigation or prosecution. Remember that while law enforcement decides whether to sign this certification, they do not determine your overall eligibility for the visa.
3. Helpfulness to authorities must be demonstrated
You must demonstrate that you possess information about the criminal activity and have been, are currently being or are likely to be helpful to law enforcement. This helpfulness can include reporting the crime, identifying a suspect, providing statements, testifying in court or cooperating in other ways with the investigation or prosecution. There is no requirement that the case result in a conviction or even formal charges.
4. Admissibility issues can be overcome with waivers
Many immigration violations and even certain criminal convictions can be waived when applying for a U visa. Unlike other immigration benefits, U visa applicants can request waivers for almost any ground of inadmissibility through Form I-192. However, these waivers require demonstrating that granting your application serves humanitarian purposes, protects family unity or benefits the public interest.
Seeking legal guidance helps you navigate the complex U visa application process while maximizing your chances for approval.
