Who May Qualify for a U Visa?
USCIS requires a principal U visa petitioner to establish several elements. The person must have been a victim of qualifying criminal activity, suffered substantial physical or mental abuse as a result, possess information about the criminal activity, and have been helpful, be helpful, or be likely to be helpful to law enforcement, prosecutors, judges or another authorized certifying agency. The criminal activity must have occurred in the United States or violated U.S. law.
The U visa statute identifies specific qualifying crimes and also covers attempts, conspiracies, solicitations and certain similar criminal activity. Examples include domestic violence, sexual assault, rape, felonious assault, kidnapping, stalking, extortion, false imprisonment, trafficking, witness tampering and obstruction of justice. The precise criminal charge or police terminology does not always answer the immigration question by itself; the facts and the applicable criminal law have to be reviewed.
Form I-918 Supplement B: Law-Enforcement Certification
A principal U visa petition requires Form I-918, Supplement B, signed by an authorized certifying official. The certification addresses the qualifying criminal activity and whether the victim was, is, or is likely to be helpful in its detection, investigation or prosecution. USCIS instructions make clear that the decision to sign a certification is within the certifying agency's discretion.
The Supplement B must be completed by an authorized certifying official. Preparing the certification request often requires reviewing the police, prosecutor or court record and presenting the relevant facts clearly to the agency.
What Does “Helpful to Law Enforcement” Mean?
The U visa is tied to cooperation with authorities. Depending on the case, helpfulness may involve reporting the crime, answering investigators' questions, providing information, identifying an offender, appearing when requested or otherwise assisting an authorized agency. The certification process is fact-specific, and a signed Supplement B is evidence USCIS uses when evaluating this requirement.
Substantial Physical or Mental Abuse
Being the victim of a qualifying crime is not, by itself, the entire U visa test. The petitioner must also show substantial physical or mental abuse resulting from the criminal activity. The evidence may differ greatly from one case to another and can include medical or psychological records, photographs, court or police records, declarations and other documentation that explains the nature and effect of the harm.
Immigration History and Form I-192 Waivers
U visa cases often involve clients who have complicated immigration histories. USCIS provides Form I-192 for certain U nonimmigrant applicants who need to request a waiver of applicable grounds of inadmissibility. Prior entries, unlawful presence, removal orders, misrepresentation, criminal history and other issues should therefore be reviewed before the petition is filed rather than treated as an afterthought.
Family Members of a U Visa Petitioner
Certain qualifying family members may be included through Form I-918 Supplement A. Which relatives can qualify depends in part on the principal petitioner's age. Family-member eligibility should be reviewed early, particularly when children may approach an age threshold or relatives are outside the United States.
Work Authorization and the U Visa Backlog
Congress limits the number of principal U-1 visas that may be granted each fiscal year. Because demand exceeds that cap, U visa petitions can remain pending for a long period. USCIS has processes under which certain petitioners may receive deferred action and employment authorization before final U visa approval, including the bona fide determination process or placement on the U nonimmigrant waiting list. A pending petition by itself should not be treated as an immediate guarantee of a work permit.
U Visa Cases and Removal Proceedings
A U visa petition can exist at the same time as an Immigration Court case or a prior removal order. Filing Form I-918 does not erase the separate procedural history. When a client is in proceedings, the U visa strategy should be coordinated with the removal defense and any deadlines before the Immigration Court or Board of Immigration Appeals.
U Visa, VAWA or Another Form of Relief?
Some facts can raise more than one possible immigration remedy. A survivor of domestic violence, for example, may want to understand whether the facts potentially relate to a U visa, a VAWA self-petition, or another form of humanitarian relief. These programs have different qualifying relationships, evidence requirements and procedures, so they should not be treated as interchangeable.
Brooklyn Office, U Visa Representation Nationwide
Meyerovich & Associates P.C. represents immigration clients from its Brooklyn office and handles federal immigration matters for clients in New York, New Jersey, Pennsylvania and nationwide. U visa matters are handled with attention to the underlying crime record, certification request, immigration history and the evidence of harm and cooperation that USCIS will review.