What is the U Visa? The U Visa provides significant relief and alternative for workers in abusive settings who fear losing their existing legal immigration status due to employer retaliation or who are targeted for lack of current legal status and are hesitant to report as a result. criminal activity in compliance with the law. The purpose of the U Visa is to incentivize immigrants to report crimes and also provide protection to those who are willing to cooperate.
Eligibility for U Visa According to the United States Citizenship and Immigration Services (USCIS) site, one may be eligible for the U Visa for the following reasons:
If the candidate is the victim of a qualified criminal activity.
Whether the candidate has suffered substantial physical or mental abuse as a result of being the victim of criminal activity.
If the candidate has information about the criminal activity.
If the candidate was useful, is useful or is likely to be useful to the authorities in the investigation or prosecution of the crime.
If the candidate is admissible to the United States.
Applying for the U Visa To apply for the U Visa, the candidate has to submit the following documents:
Form I-918, Petition for Nonimmigrant Status.
Form I-918, Supplement B, Certification of U Nonimmigrant Status.
If there are inadmissibility issues present, the candidate has to submit a Form I-192, Application for Advance Permission to Enter as a Nonimmigrant, to request an extension of inadmissibility.
A personal statement that describes the criminal activity of which the candidate was a victim.
Evidence to establish each eligibility requirement.
U Visa Extension When the candidate receives nonimmigrant status, this status is valid for four years. However, extensions are possible in specific situations, such as if an extension is necessary based on a police request, if it is necessary based on exceptional circumstances, or if it is necessary due to consular processing delays. In a policy memorandum on the extension of the U Visa, USCIS includes several examples of exceptional circumstances that would make an extension possible. One such example is if the primary T nonimmigrant status has expired and the approved derivative did not receive a T visa from a consulate and entered the United States before the principal's T nonimmigrant status expired. How Mil Mujeres can help One of the services that Mil Mujeres offers to our clients is the U Visa, specifically the U Visa extension. We understand that navigating the immigration system can be stressful. Because of this, many people do not apply for an extension even though they may be eligible. Every year, Mil Mujeres helps many immigrants with legal advice in their application for a U Visa. For more information on how we can help you, visit the “Contact” section on our website, call us at (202) 808 3311 or write to us at info @ milmujeres.org.