Eligibility Criteria for a U Visa

To qualify for a U visa, applicants must meet the following criteria:

1. Victim of a Qualifying Crime The applicant must have been a victim of one or more qualifying crimes, including but not limited to:

• Domestic violence
• Sexual assault
• Human trafficking
• Kidnapping
• Extortion
• Felonious assault
• Witness tampering



1. Suffered Substantial Abuse The applicant must demonstrate that they have suffered significant physical or mental abuse as a result of the crime.
2. Helpfulness to Law Enforcement The applicant must have been, or must be, helpful in the investigation or prosecution of the crime. This requires obtaining a law enforcement certification.
3. Admissibility to the U.S. Applicants must be admissible to the U.S. or obtain a waiver of inadmissibility by filing Form I-192, Application for Advance Permission to Enter as a Nonimmigrant.
   

Steps to Apply for a U Visa

Step 1: Obtain Law Enforcement Certification

The first and most critical step in applying for a U visa is obtaining a law enforcement certification by filing Form I-918, Supplement B. This form must be completed and signed by a law enforcement official who can confirm that the applicant was helpful, is being helpful, or is likely to be helpful in the investigation or prosecution of the crime.

Who Can Sign the Certification?

• Police officers
• Prosecutors
• Judges
• Other officials involved in the investigation or prosecution

Tips for Obtaining Certification:

• Reach out to the agency that investigated or prosecuted the crime.
• Provide documentation of your involvement, such as police reports or court records.
• Work with an immigration attorney to prepare a compelling request for certification.

Step 2: Complete Form I-918

Once you have obtained the law enforcement certification, you must complete Form I-918, Petition for U Nonimmigrant Status.

Required Documents:

1. Form I-918, Supplement B: Law enforcement certification.
2. Personal Statement: A detailed account of the crime, the abuse suffered, and how you assisted law enforcement.
3. Evidence of Victimization: Police reports, medical records, and affidavits from witnesses.
4. Proof of Substantial Abuse: Documentation of physical injuries, psychological trauma, or other impacts.
5. Proof of Helpfulness: Correspondence with law enforcement, testimony records, or affidavits from officers.

Step 3: File Form I-192 (If Necessary)

If you are inadmissible to the U.S. due to prior immigration violations, criminal history, or other grounds, you must file Form I-192, Application for Advance Permission to Enter as a Nonimmigrant, along with your U visa petition.

Step 4: Submit Your Application

Mail the completed application packet, including all forms and supporting documents, to the appropriate USCIS address. Be sure to keep copies of everything you submit.



Step 5: Attend Biometrics Appointment

After USCIS receives your application, they will schedule a biometrics appointment, where your fingerprints, photograph, and signature will be collected for background checks.

Processing Times and Waiting List

Due to high demand, U visa applications can take several years to process. Currently, USCIS grants only 10,000 U visas per fiscal year. If your application is approved but no visa is immediately available, you will be placed on a waiting list and may receive deferred action, which protects you from deportation and allows you to apply for work authorization.

Derivative U Visas for Family Members

Certain family members of U visa applicants may be eligible for derivative U visas. The specific family members who qualify depend on the age of the principal applicant:

• If the applicant is under 21 years old:
• Spouse
• Children
• Parents
• Unmarried siblings under 18
• If the applicant is 21 years or older:
• Spouse
• Children



To apply for derivative U visas, the principal applicant must file Form I-918, Supplement A for each eligible family member.

Path to a Green Card

After holding U visa status for three years, recipients may be eligible to apply for lawful permanent residency (green card) by filing Form I-485, Application to Register Permanent Residence or Adjust Status.



Eligibility Criteria for a Green Card:

1. Continuous Presence: Must have been physically present in the U.S. for at least three years while holding U visa status.
2. Good Moral Character: Must demonstrate good moral character during the period of U visa status.
3. Continued Helpfulness: Must provide evidence that you have continued to assist law enforcement if required.

Common Challenges and How to Overcome Them

1. Difficulty Obtaining Law Enforcement Certification

Some applicants face challenges in getting law enforcement agencies to sign Form I-918, Supplement B.

Solution: Work with an immigration attorney who can advocate on your behalf and help gather supporting evidence.

2. Proving Substantial Abuse

Demonstrating the extent of physical or mental abuse can be difficult without proper documentation.

Solution: Collect medical records, psychological evaluations, and affidavits from counselors or social workers.



3. Long Processing Times

The lengthy wait for U visa approval can create uncertainty for applicants.

Solution: Stay informed about processing times and consider applying for work authorization if placed on the waiting list.

How an Immigration Lawyer Can Help

Applying for a U visa is a complex process that requires thorough documentation and legal expertise. An experienced immigration lawyer in Orlando can assist by:

• Evaluating your eligibility for a U visa.
• Helping you obtain law enforcement certification.
• Preparing and filing your application with USCIS.
• Advocating on your behalf during the application process.
  

Conclusion

The U visa offers vital protection and opportunities for victims of crime who have faced significant hardship and are willing to assist law enforcement. While the process can be lengthy and challenging, the benefits—including protection from deportation, work authorization, and a pathway to a green card—make it a worthwhile option for eligible individuals.



If you or a loved one are considering applying for a U visa in Orlando or elsewhere, consulting a knowledgeable immigration attorney can provide invaluable guidance and increase your chances of success. With proper preparation and legal support, you can navigate the U visa process and build a more secure future in the United States.