U Visa

U VISA QUESTIONS

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Questions & Answers: U Nonimmigrant Status What forms do I need? Principal Applicants: ► Form I-918, Petition for U Nonimmigrant Status ► Form I-918, Supplement B, U Nonimmigrant Status Certification ► Form I-192, Application for Advance Permission to Enter as a Nonimmigrant (if your client is inadmissible under any ground found at INA § 212(a)) ► Form I-912, Request for Fee Waiver (if your client requires a waiver of the Form I-192 filing fee) Derivative Applicants: ◊ Form I-918A, Petition for Qualifying Family Member of U-1 Recipient ◊ Form I-192, Application for Advance Permission to Enter as a Nonimmigrant (if derivative is inadmissible under any ground found at INA § 212(a)) ◊ Form I-765, Application for Employment Authorization (filed for derivative applicant only; not needed for principal) ◊ Form I-912, Request for Fee Waiver (if your client requires a waiver of the Form I-192 and/or Form I-765 filing fee) Can I get a waiver of the filing fee? U Visa applicants can request a fee waiver for the I-192 and I-765. There is no fee for the I-918 and I-918A, and thus, no need for a fee waiver. NOTE REGARDING I-192 FILING FEE: See Notice of Settlement Agreement in Vangala v. U.S. Citizenship and Immigration Services, No. 4:20-cv-08143 (N.D. Cal.)) A request for a fee waiver should be made on Form I-912. USCIS will exercise its discretion to grant a fee waiver when an applicant: a) is receiving a means-tested benefit, b) has a household income of 150% or below of the poverty guidelines, or c) can demonstrate financial hardship. You can claim eligibility for a fee waiver on multiple grounds. You should submit evidence in support of your request for a fee waiver. Typically that evidence will include: tax returns, pay stubs, utility bills, rent receipts, medical bills, etc. TIP: You should note on the cover letter that you are requesting a fee waiver so USCIS doesn’t automatically reject your submission as missing the filing fee without seeing that you were requesting it be waived. Does the Form I-918, Supplement B, U Nonimmigrant Status Certification expire? The Form I-918, Supplement B, is valid only six months from the date of certification. What happens while I am waiting for my I-918 to be adjudicated and for visas to be available? Read about the bona fide determination process for Form I-918 nonimmigrant visa petitioners. As a U nonimmigrant when can I apply for lawful permanent residence? Pursuant to INA § 245(m), a U nonimmigrant must be able to demonstrate three years of continuous physical presence in the United States, in valid U nonimmigrant status, in order to be eligible to apply for lawful permanent residence. What other requirements are there for legal permanent residency based on U nonimmigrant status? According to INA § 245(m) a U nonimmigrant must also be able to demonstrate that:  The applicant is not inadmissible under INA § 212(a)(3)(E);  The applicant has not unreasonably refused to provide assistance to an official or law enforcement agency…after the alien was granted U nonimmigrant status, as determined by the Attorney General, based on affirmative evidence; and  A favorable exercise of discretion is “justified on humanitarian grounds, to ensure family unity, or is in the public interest.” My U visa was granted but why does my U nonimmigrant status and employment authorization document (EAD) expire in four years? U nonimmigrant status is issued for a maximum period of four years under 8 C.F.R. § 214.14(g)(1). Why were my derivatives granted U nonimmigrant status for less than four years? Derivative U status (U-2, U-3, U-4, and U-5) cannot be granted for a period not to exceed the initial grant period of the principal U applicant (U-1). What if a derivative is granted U nonimmigrant status for less than three years and therefore won’t enough time in U nonimmigrant status to be able to adjust with the principal? The derivative may be eligible to extend their U nonimmigrant status allowing them to accrue the three years they need in U status needed for adjustment of status to legal permanent resident. Can I obtain employment authorization being in U nonimmigrant status? The regulations providing eligibility for employment authorization are found at 8 CFR § 274a.12:  (a)(19) – an alien in valid U-1 nonimmigrant status  (a)(20) – an alien in valid U-2, U-3, U-4, or U-5 nonimmigrant status If my U visa is approved can I travel outside the US? This is a somewhat complicated question and you can read more about traveling abroad with an approved U visa here. Individuals in U nonimmigrant status are eligible to apply for a U visa abroad at a U.S. consulate and may be able to use that visa to reenter the United States after a trip abroad. It is highly likely that any travel outside the US would raise issues with unlawful presence bars since the recipient of U nonimmigrant status most likely accrued unlawful presence in the United States. You would need to talk with an immigration attorney to determine if it is possible in your particular case but typically it would not be advisable. If USCIS already met its cap on U Visas for 2023 when does the next year start? When the new fiscal year begins on October 1, 2023, USCIS will resume approving principal petitions for U-1 nonimmigrant status starting with petitions filed on or before July 31, 2016, prioritizing the oldest petitions. What is the Bona Fide Determination Process and how does that work? To learn about the bona fide determination process and how USCIS processes Form I-918 petitions for U Nonimmigrant status as well as what happens to applicants waiting years for their U visas to get approved please visit that FAQ page.

Crime Victim Visa (U Visa)

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A CRIME VICTIM CAN POTENTIALLY GET A VISA, AND EVENTUALLY LEGAL PERMANENT RESIDENCY, BASED ON THEIR COOPERATION WITH THE POLICE OR DISTRICT ATTORNEY’S OFFICE. To make sure that immigration laws do not discourage immigrants in the U.S. without lawful immigration status from cooperating with law enforcement or reporting crime, Congress created the U nonimmigrant visa with the passage of the Victims of Trafficking and Violence Protection Act (including the Battered Immigrant Women’s Protection Act) in October 2000. The legislation was intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, trafficking of noncitizens and other crimes, while also protecting victims of crimes who have suffered substantial mental or physical abuse due to the crime and are willing to help law enforcement authorities in the investigation or prosecution of the criminal activity. The legislation also helps law enforcement agencies to better serve victims of crimes. The U visa is a nonimmigrant visa category in the United States that is available to victims of certain qualifying crimes who have suffered mental or physical abuse and are helpful or willing to assist law enforcement and government officials in the investigation or prosecution of those crimes.   WHAT ARE THE REQUIREMENTS FOR A “U VISA” OR BEING GRANTED U NONIMMIGRANT STATUS? To be eligible for a U visa, an individual must meet several criteria, including: WHAT ARE QUALIFYING CRIMES FOR A U VISA? It’s important to note that the U visa is granted on a case-by-case basis, and the determination of eligibility is made by U.S. Citizenship and Immigration Services (USCIS) after a thorough review of the applicant’s circumstances. Additionally, the list of qualifying crimes is not exhaustive, and USCIS may consider other criminal activities on a case-specific basis. If you believe you may qualify for a U visa, it is recommended to consult with an immigration attorney for guidance tailored to your specific situation. If you were the victim of any crime, even if it is not listed, you should consult an immigration attorney to see if it may be a qualifying crime.  Some terms are difficult to define and some crimes may be named differently in different jurisdictions.  More information on U Visas and qualifying crimes here. 

How To: Apply For U Visa

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Applying for U Nonimmigrant Status (U Visa) What USCIS Forms do you need to file? What evidence should be sent with the U Visa application? What other documents are required for a U visa? The answers to all those questions and more are below in this brief guide to filing for U nonimmigrant status. FORMS TO FILE: You will need to file a separate I-918 Supp A for each derivative that will be a part of the application.  TO APPLY (PETITION) FOR A U NONIMMIGRANT STATUS, SUBMIT: You may also apply (petition) for U nonimmigrant status if you are outside the United States. To do this, you must: CHECKLIST OF REQUIRED DOCUMENTS FOR U VISA​​ ​** indicates required initial evidence. While all items in the checklist should be provided, packages will be rejected without these items. ​​ EMPLOYMENT AUTHORIZATION Principal U Nonimmigrants: You are authorized to work once we have approved your underlying petitions for U nonimmigrant status. We will automatically issue an Employment Authorization Document (EAD) when we approve your petition. You do not need to file a separate Form I-765, Application for Employment Authorization, to receive an EAD related to the approval of your petition for nonimmigrant status. ​The above instructions from the USCIS website are confusing. They say not to submit an I-765 because the issuance of EAD is automatic but it’s only automatic when the U visa is approved and that may be 4-5 years from now.   You should submit an I-765 with your I-918. If you submit an I-765 with your I-918 then they can approve the I-765 once the bona fide determination is made and while you are waiting for your U visa to become available. ​ MORE INFO ABOUT U VISAS. CAN I TRAVEL AFTER U VISA IS APPROVED? WHAT CRIMES QUALIFY FOR A U VISA?

FAQ: U Visa Bona Fide Determination Process

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Questions About the Bona Fide Determination Process for Form I-918 U Nonimmigrant Petitions from USCIS Q1. What is the bona fide determination process? A1. By statute, USCIS has discretion to provide employment authorization to noncitizens with pending, bona fide U nonimmigrant status petitions. In June 2021, we implemented the bona fide determination process with the goal of conducting initial reviews of U nonimmigrant status petitions more efficiently and providing eligible victims of qualifying crimes with employment authorization and deferred action while they wait for final adjudication of their petition for U nonimmigrant status under the annual statutory cap. This will provide victims with stability and better equip them to cooperate with and assist law enforcement. Q2. Who does the bona fide determination process apply to? A2. This policy applies to all Form I-918 petitions and all Form I-918A petitions pending as of June 14, 2021, filed by principal petitioners and qualifying family members living in the United States, as well as Form I-918 petitions filed on or after this date by principal petitioners and their qualifying family members living in the United States. We do not consider principal petitioners and qualifying family members living outside of the United States for a bona fide determination because we cannot provide deferred action or employment authorization to petitioners outside the United States. Q3. When did USCIS begin implementing the bona fide determination process? A3. We published the new bona fide determination process in the USCIS Policy Manual on June 14, 2021, and began adjudicating and issuing Employment Authorization Documents (EADs) shortly thereafter. Q4. In what order will USCIS adjudicate cases for a bona fide determination? A4. We will generally adjudicate cases for bona fide determinations in receipt date order, starting with the oldest pending petitions that have not already gone through a waiting list adjudication as of June 14, 2021. Q5. I filed a petition for U nonimmigrant status several years ago. Will my petition now go through 3 different adjudications: bona fide determination, waiting list, and final adjudication? What happens if I was already placed on the waiting list before this policy was issued? A5. Principal petitioners and qualifying family members will not all go through 3 different adjudications. As of June 14, 2021, we began adjudicating pending, non-waitlisted petitions filed by noncitizens living in the United States in receipt date order for bona fide determinations. If a principal petitioner has a bona fide petition, merits a favorable exercise of discretion, and has filed their Form I-765, we will issue the principal petitioner a bona fide determination EAD and deferred action. We will place their petition in the queue in receipt date order to wait for final adjudication for U nonimmigrant status. These petitioners will not have to go through a waiting list adjudication unless new, adverse information impacts their ability to maintain a bona fide determination EAD. Principal petitioners who we determine will not receive a bona fide determination EAD and deferred action will receive waiting list adjudication. If a principal petitioner receives waiting list adjudication, qualifying family members will also receive waiting list adjudication. Principal petitioners and their qualifying family members placed on the waiting list before June 14, 2021, do not need to go through the bona fide determination process because they already can receive an EAD and deferred action. Petitioners placed on the waiting list before June 14, 2021, will be adjudicated for U nonimmigrant status in receipt date order at the same time as petitioners who received bona fide determination EADs and deferred action. Q6. How are bona fide determinations for principal petitioners different from qualifying family members? A6. A qualifying family member will not have access to a bona fide determination review unless and until the principal petitioner receives a bona fide determination. We will first determine whether a principal petitioner living in the United States may receive a bona fide determination before we make a bona fide determination for any associated qualifying family member living in the United States. A principal petition is bona fide if: We then assess the principal petitioner’s eligibility for a bona fide determination by considering whether they merit a positive exercise of discretion, including consideration of national security or public safety risks. After the principal petitioner receives a bona fide determination , we will evaluate the petitions of any qualifying family members living in the United States to assess whether they are eligible to receive a bona fide determination. If the principal petitioner receives a bona fide determination, this does not guarantee a qualifying family member living in the United States will receive a bona fide determination . The record must independently demonstrate the qualifying family member’s Form I-918, Supplement A, Petition for Qualifying Family Member of U-1 Recipient, is bona fide. A qualifying family member’s petition is bona fide if: As with principal petitioners, we then consider whether the qualifying family member living in the United States merits a favorable exercise of discretion to receive a bona fide determination. For more information on the bona fide determination process for principal petitioners, please see the USCIS Policy Manual Appendix: Bona Fide Determination Process Flowchart (PDF, 95.1 KB). For more information on the bona fide determination process for qualifying family members, please see Chapter 5: Bona Fide Determination, A. Bona Fide Determination, 2. Qualifying Family Members. Q7. What do I need to file to receive a bona fide determination EAD? A7. We will initiate bona fide determination adjudication of pending petitions not already placed on the waiting list. Principal petitioners, qualifying family members, and counsel do not need to take any action. We are reviewing pending petitions filed by petitioners living in the United States in receipt date order. Petitioners will not need to submit an additional request. We will send petitioners a notice to file a Form I-765, Application for Employment Authorization, if they have not done so already. Q8. I did not previously file Form I-765, Application for Employment Authorization, with my U visa petition. What should I do? A8. We encourage petitioners to submit a Form I-765, Application for Employment Authorization, concurrently with their Form I-918 or … Read more

Getting a Green Card as a victim of a Crime

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Getting A Green Card as the Victim of a Crime U Visa USCIS June 15, 2023 10:46 pm No Comments A crime victim can potentially get a visa, and eventually legal permanent residency, based on their cooperation with the police or district attorney’s office.   To make sure that immigration laws do not discourage immigrants in the U.S. without lawful immigration status from cooperating with law enforcement or reporting crime, Congress created the U nonimmigrant visa with the passage of the Victims of Trafficking and Violence Protection Act (including the Battered Immigrant Women’s Protection Act) in October 2000.   The legislation was intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, trafficking of noncitizens and other crimes, while also protecting victims of crimes who have suffered substantial mental or physical abuse due to the crime and are willing to help law enforcement authorities in the investigation or prosecution of the criminal activity. The legislation also helps law enforcement agencies to better serve victims of crimes.   The U visa is a nonimmigrant visa category in the United States that is available to victims of certain qualifying crimes who have suffered mental or physical abuse and are helpful or willing to assist law enforcement and government officials in the investigation or prosecution of those crimes.   What are the requirements for a “U Visa” or being granted U nonimmigrant status? To be eligible for a U visa, an individual must meet several criteria, including: Qualifying Criminal Activity: The individual must have been a victim of one or more qualifying crimes. Substantial Abuse: The individual must have suffered substantial physical or mental abuse as a result of the criminal activity. Cooperation with Law Enforcement: The individual must have been helpful, is being helpful, or is likely to be helpful in the investigation or prosecution of the crime. Admissibility: The individual must meet the admissibility requirements for entry into the United States, or they may be eligible for a waiver of certain grounds of inadmissibility. What are qualifying crimes for a U Visa? Abduction Domestic violence Extortion False imprisonment Felonious assault Fraud in foreign labor contracting Hostage situations 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 Other similar activities related to violation of U.S. laws It’s important to note that the U visa is granted on a case-by-case basis, and the determination of eligibility is made by U.S. Citizenship and Immigration Services (USCIS) after a thorough review of the applicant’s circumstances. Additionally, the list of qualifying crimes is not exhaustive, and USCIS may consider other criminal activities on a case-specific basis. If you believe you may qualify for a U visa, it is recommended to consult with an immigration attorney for guidance tailored to your specific situation. If you were the victim of any crime, even if it is not listed, you should consult an immigration attorney to see if it may be a qualifying crime.  Some terms are difficult to define and some crimes may be named differently in different jurisdictions.   More information on U Visas and qualifying crimes here.  U Visa USCIS Getting a Green Card as a victim of a Crime newyorkvisalawyer_o0id8fJune 15, 2023 Getting A Green Card as the Victim of a Crime U Visa USCIS June 15, 2023 9:14 pm No Comments A crime… Read More Uncategorized COVID-19 VACCINE REQUIREMENTS FOR VISA newyorkvisalawyer_o0id8fJune 5, 2023  As of May 12, 2023, the COVID-19 Vaccination Requirement has been updated. See below for details from the CDC. Top of Page… Read More BIA DECISION Matter of CANCINOS-MANCIO, 28 I&N Dec. 708 (BIA 2023) newyorkvisalawyer_o0id8fApril 26, 2023 Matter of CANCINOS-MANCIO, 28 I&N Dec. 708 (BIA 2023) – Under the modified categorical approach, an Immigration Judge may consider the transcript… Read More

CAN I TRAVEL ONCE MY U VISA IS APPROVED? 

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Joseph Caraccio June 4, 2023 One Comment travel, U visa INTERNATIONAL TRAVEL AS A U NONIMMIGRANT Uncategorized inadmissibility Case Law BIA FOIA USCIS FAQ SIJS Citizenship How To Visa EAD Court Q&A WebEx Asylum TPS Bond policy News Special Immigrant Video Extreme Hardship CAT criminal marriage motions SCOTUS U Visa It seems we can't find what you're looking for. Search Wiki See All Results CAN I TRAVEL ONCE MY U VISA IS APPROVED?  Once you receive the I-918 approval notice indicating you are in U nonimmigrant status, can you can travel outside of the United States? Technically, individuals in U nonimmigrant status are eligible to apply for a U visa abroad at a U.S. consulate and may be able to use that visa to reenter the United States after a trip abroad. While theoretically possible, it would not be advisable.  There are also two serious concerns that would arise relating to unlawful presence bars and the continuous physical presence requirements for U nonimmigrants to be able to adjust status and obtain a green card after three years in U status.     UNLAWFUL PRESENCE BARS There are also complications that arise from unlawful presence. If the U visa holder accrued unlawful presence, which most have, then departure from the United States will trigger a three- or ten-year bar making them inadmissible. Once a U nonimmigrant that is outside of the country has triggered a new ground of inadmissibility such as the unlawful presence, they will need to apply for a new waiver of inadmissibility on Form I-192 (any existing I-192 that was approved will only cover grounds of inadmissibility that existed at the time it was approved not grounds that were triggered after). They will be required to remain outside of the United States during the adjudication of the waiver.  Note: This is because they are outside the United States and reentering thus they must be admissible, otherwise new grounds of inadmissibility would not necessarily require a new waiver for purposes of adjustment of status.    CONTINUOUS PHYSICAL PRESENCE REQUIREMENTS FOR ADJUSTMENT OF STATUS IN THREE YEARS Further it may create an obstacle to later eligibility to adjust status to become  a legal permanent resident and get a green card. In order for U visa holders to apply for adjustment of status to lawful permanent residence, she must demonstrate continuous physical presence in the United States. The regulations state that “an alien shall be considered to have failed continuous physical presence…if the alien has departed from the United States for any period in excess of 90 days or for any periods in the aggregate of 180 days.”  Since it will almost certainly take more than 90 days to process the visa and/or waiver needed, the U visa holder will likely become ineligible for adjustment of status since they will have an interruption in their continuous physical presence.    GROUNDS OF INADMISSIBILITY TRIGGERED AFTER THE APPROVAL  U visa holders are not required to demonstrate their admissibility when applying to adjust their status pursuant to INA §245(m). When the U nonimmigrant applies to adjust status through INA §245(m), there is no need—and, actually, no mechanism—for USCIS to waive a ground of inadmissibility, and the existence of the unwaived ground of inadmissibility will not preclude them from adjusting status.  Any ground of inadmissibility may factor into USCIS’s determination as to whether discretion should be exercised in the applicant’s favor. Therefore, it is possible that a serious criminal issue or alike will ultimately end up preventing them from being able to adjust status just under a different legal ground.  Per the regulations, where new grounds of inadmissibility and other adverse factors are present at the adjustment stage, the applicant may “offset” them “by submitting supporting documentation establishing mitigating equities that the applicant wants USCIS to consider when determining whether or not a favorable exercise of discretion is appropriate.” See 8 CFR §245.24(d)(11). Depending on the nature and severity of the adverse factors, “the applicant may be required to clearly demonstrate that the denial of adjustment of status would result in exceptional and extremely usual hardship.” See 8 CFR §245.24(d)(11). [The regulations provide that “USCIS will generally not exercise its discretion favorably in cases where the applicant has committed or been convicted of a serious violent crime, a crime involving sexual abuse committed upon a child, or multiple drug-related crimes, or where there are security- or terrorism-related concerns.” Id.] In that scenario, if trying to overcome new grounds of inadmissibility, you would want to try to tie the new ground of inadmissibility or other adverse factor(s) to the applicant’s victimization and/or cooperation with law enforcement. Though such a showing is not legally required, it can serve as a strong mitigating equity. Address and provide evidence of the humanitarian considerations and disruption to family unity that will result if USCIS denies the adjustment application. REVISITING PRIOR GROUNDS OF INADMISSIBILITY & ADVERSE FACTORS ALREADY ADDRESSED It has become increasingly common for USCIS to issue Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs) and to deny U-based adjustment applications based on grounds of inadmissibility and/or other negative discretionary factors that the U visa holder previously disclosed and addressed in the underlying U visa petition. I would be wise to anticipate this.  In the adjustment of status context, the issue is no longer one of inadmissibility but of discretion. Even if the criminal history occurred before the U visa was granted, and even if a waiver was granted for the ground of inadmissibility, you still need to present evidence of discretion to overcome these negative factors at the adjustment stage. You should decide on a case-by-case basis whether you may want to try arguing that USCIS is abusing its discretion and that they should not be relitigating these matters (in the event the adverse factors are particularly severe and may impact the outcome).  PrevPreviousRE-TAKING THE NATURALIZATION ENGLISH OR CIVICS TEST NextContacting USCISNext