U VIsas
What is a U visa?
The U visa is a type of non-immigrant visa available to individuals who have been victims of certain specific crimes, have suffered substantial physical or mental abuse as a result of the crime, and have reported and cooperated in the investigation of it.
What are the requirements to be eligible for a U visa?
- Be a victim of a qualifying crime, such as domestic violence, rape, kidnapping, human trafficking, extortion, among others.
- Have suffered substantial physical or mental abuse as a result of the crime.
- Have cooperated, be cooperating, or be willing to cooperate with authorities in the investigation or prosecution of the crime.
- Demonstrate that your presence in the United States would be helpful to law enforcement in relation to the case.
- Demonstrate that the crime occurred in the United States or violated U.S. laws.
- Not pose a threat to national security or a risk to public safety.
Can a family member of the victim apply for a U visa?
If the crime victim is under 21 years old, their parents, spouse, and unmarried siblings under 18 years old can also apply for a U visa. For individuals over 21 years old, their children and spouse can apply.
In the context of the derivative U visa, the age of the unmarried child under 21 is considered at the time of application, not at the time the crime occurred. This means that the child must be under 21 years old at the time the application for the derivative U visa is filed.
If the child was under 21 years old at the time of the crime but turns 21 before the derivative U visa application is filed, they may lose their eligibility as a minor child and may not be eligible for the derivative U visa.
What are the crimes that qualify for a U visa?
- Kidnapping
- Abusive Sexual Contact
- Blackmail
- Domestic Violence
- Extortion
- False Imprisonment
- Female Genital Mutilation
- Felonious Assault
- Fraud in Foreign Labor Contracting
- Hostage
- Incest
- Involuntary Servitude
- Manslaughter
- Murder
- Obstruction of Justice
- Peonage
- Perjury
- Prostitution
- Rape
- Sexual Assault
- Sexual Exploitation
- Slave Trade
- Stalking
- Torture
- Trafficking
- Witness Tampering
- Unlawful Criminal Restraint
- Perjury
- Prostitution
- Rape
- Sexual Assault
- Sexual Exploitation
- Slave Trade
- Stalking
- Torture
- Trafficking
- Witness Tampering
- Unlawful Criminal Restraint
*Other Related Crimes: Includes any similar activity where the elements of the crime are substantially similar.
*Also includes attempts, conspiracy, or solicitation to commit any of the aforementioned crimes and other related offenses.
Specific clarification regarding domestic violence cases:
Individuals who have been victims of domestic violence in a marriage relationship with a U.S. citizen or lawful permanent resident may also qualify for a visa under VAWA (Violence Against Women Act).