"U" Visa Final Rule Published for Crime Victims
U.S. Citizenship and Immigration Services has published an interim final rule on a new type of visa called the "U" visa. The rule will grant status to victims of serious crimes who will assist law enforcement officials in investigating or prosecuting the criminal activity. The visa, which has an annual cap of 10,000, is set aside for victims of crimes who 1) have suffered mental or physical abuse because of the crime, 2) who have information regarding the activity, and 3) are willing to assist government officials in the investigation/prosecution of the criminal activities.
Period of Validity: The U-visa authorizes the holder to remain in the United States for up to four years.
Eligibility Requirements: (1) the individual must have suffered substantial physical or mental abuse as a result of having been a victim of a qualifying criminal activity; (2) he/she has information concerning that criminal activity; (3) he/she has been helpful, is being helpful, or is likely to be helpful in the investigation or prosecution of the crime; and (4) the criminal activity must have violated the laws of the United States or occurred in the U.S.
Covered Crimes: There is no exclusive list of all the crimes covered but they can generally fall under these categories: domestic violence, sexual abuse, trafficking, and crimes that target at immigrants. Many Federal, State or municipal crimes are covered including murder, rape, torture, sexual exploitation, extortion, witness tampering, obstruction of justice, false imprisonment, etc.
How to Apply: File a Petition for U Nonimmigrant Status (Form I-918) with the Vermont Service Center (which has been designated as the centralized location to receive all U Nonimmigrant petitions.)
Victim must also obtain provide a certification of helpfulness from a certifying agency - a U Nonimmigrant Status Certification (Form I-918, Supplement B) from a federal, state, or local law enforcement official that demonstrates the petitioner "has been helpful, is being helpful, or is likely to be helpful" in the investigation or prosecution of the criminal activity. Such a certfication must be signed by the head of the agency or a supervisor designated with the authority to issue certifications on behalf of the agency must sign the certification.
What is the difference between the "T" visa and "U" visa. The T visa requires an alien’s physical presence in the United States as a condition of eligibility. But U visa allows a victim to apply from inside or outside of the U.S.
Family Members: The alien victim must petition on behalf of qualifying family members. If the principal is less than 21 years of age, qualifying family members include the principal’s spouse, children, unmarried siblings under 18, and parents. If the principal is 21 or older, qualifying members include the spouse and children of the principal. The family members must also be admissible to the U.S. to be eligible. Principal may use the I-918, part A to petition the family members. The 10K cap does not apply to family members.
Application for Permanent Residence:. A U visa holder who has been physically present in the U.S. for a continuous period of at least three years may apply for a green card. However, the agency must determine that the individual’s continued presence in the U.S. is justified on humanitarian grounds to ensure continuation of a cohesive family, or is otherwise in the best interest of the public.
