The U visa is a nonimmigrant visa category available to individuals who have been victims of certain crimes and have suffered substantial mental or physical abuse as a result. This visa is intended to provide temporary legal status and work authorization to victims of qualifying crimes who are willing to assist law enforcement agencies in the investigation or prosecution of those crimes.
To qualify for a U visa, an individual must meet several requirements, including:
- They must have been a victim of a qualifying criminal activity, such as domestic violence, sexual assault, human trafficking, or other serious crimes.
- They must have suffered substantial physical or mental abuse as a result of the crime.
- They must possess information about the criminal activity and be willing to assist law enforcement in the investigation or prosecution of the crime.
- They must obtain a certification from a law enforcement agency, prosecutor, or other designated authority confirming their helpfulness in the investigation or prosecution of the crime.
- They must show that the crime occurred in the United States or violated U.S. laws.
If granted, the U visa provides temporary legal status in the United States for up to four years, along with the possibility of obtaining certain immigration benefits for family members. After three years of continuous presence in the United States, U visa recipients may be eligible to apply for lawful permanent residence (green card) status.
The U visa program aims to encourage victims of crime to come forward and cooperate with law enforcement without fear of deportation, thereby strengthening community safety and fostering trust between immigrant communities and law enforcement agencies.
VAWA
VAWA, or the Violence Against Women Act, includes provisions that offer immigration relief to certain victims of domestic violence, abuse, or other qualifying crimes. VAWA immigration benefits are available to both women and men who have been subjected to abuse by a U.S. citizen or lawful permanent resident spouse, parent, or child.
Under VAWA, eligible individuals may be able to self-petition for lawful permanent residence (green card) without the abuser’s knowledge or consent. This allows victims of abuse to take control of their immigration status and seek protection independently.
To qualify for VAWA immigration benefits, an individual must meet specific criteria, including:
- Demonstrating a qualifying relationship with the abuser, such as being married to a U.S. citizen or lawful permanent resident, being the child of a U.S. citizen or lawful permanent resident or being the parent of a U.S. citizen son or daughter who is at least 21 years old.
- Providing evidence of having been subjected to battery or extreme cruelty by the U.S. citizen or lawful permanent resident family member.
- Demonstrating good moral character and meeting other eligibility requirements for lawful permanent residence.
Applying for VAWA immigration benefits involves submitting a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, along with supporting documentation to USCIS (U.S. Citizenship and Immigration Services).
VAWA immigration cases can be complex, and individuals considering applying for VAWA benefits may benefit from seeking assistance from an experienced immigration attorney. At Lunel Law, we will assist you during the VAWA process to ensure that your petition is approved.