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What is a U Visa?
The U visa is an immigration benefit for victims of certain crimes who meet eligibility requirements
Who is Eligible?
USCIS may find an individual eligible for a U visa if the victim:
- Is the direct or indirect victim of qualifying criminal activity
- (if the crime occurred in the US or violated US laws);
- Has suffered substantial physical or mental abuse as a result of having been a victim of criminal activity;
- Has information about the criminal activity; and
- Was helpful, is being helpful, or is likely to be helpful to law enforcement, prosecutors, judges, or other officials in the detection, investigation, prosecution, conviction, or sentencing of the criminal activity.
- The victim must be admissible to the US or be eligible for a waver of inadmissibility.
(No serious criminal record, no serious immigration violations)
Which Crimes Qualify a Victim for a U Visa?
- Abduction
- Abusive Sexual Contact
- Blackmail
- Domestic Violence
- Extortion
- False Imprisonment
- Felonious Assault
- Female Genital Mutilation
- Fraud in Foreign Labor Contracting
- Hostage
- Incest
- Involuntary Servitude
- Kidnapping
- Manslaughter
- Murder
- Obstruction of Justice
- Perjury
- Peonage
- Prostitution
- Rape
- Sexual Assault
- Sexual Exploitation
- Slave Trade
- Stalking
- Torture
- Trafficking
- Witness Tampering
- Unlawful Criminal Restraint
- Related Criminal Activities
How Long Does It Take?
It takes more than seven year.
Benefits
The U visa allows eligible victims to temporarily remain and work in the United States, generally for four years. While in U nonimmigrant status, the victim has an ongoing duty to cooperate with law enforcement and cannot unreasonably refuse to assist with the investigation or prosecution of the criminal activity.
If certain conditions are met, an individual with a U visa may apply for adjustment to lawful permanent resident status, after three years of receiving their U visa.
Certain family members of a U visa recipient may also be eligible to live and work in the United States as “derivative” U visa recipients based on their relationship with the principal recipient.
These include:
A) Unmarried children under the age of 21;
B) Spouse;
C) Parents of U visa petitioners under age 21; and
D) Unmarried siblings under 18 years old of U visa petitioners under age 21.
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