U US Visa for Victims of Crime

It’s not only the citizens of a city or country who are involved in illegal activities: criminals often attack tourists, knowing that the victim will be leaving the area soon and therefore is less likely to seek help from the police.

What is the U Visa and how does it work?

The U Visa is a non-immigrant visa for witnesses of illegal activity who’ve been subjected to physically and mentally violent acts. It was created with two goals in mind:

• To defend crime victims who are not residents of the United States.
• To obtain data about crimes.

The U visa supports victims by granting them lawful rights in the United States. Furthermore, the person who receives this status provides useful information about the case to the law enforcement agencies. This data is then used to track down the suspect and bring them to justice.

Requirements for a U visa

The violation or crime must have occurred on US territory to apply for the U visa. In addition, the crime victim must meet a number of requirements, including:

• Be a survivor of a certain crime
• Have been subjected to physical or mental violence as a result of the crime.
• Be able to work with the United States government to solve the crime.
• They have details about the crime that they share with the authorities. If the individual is under the age of 16, a member of the family or guardian can share the details on their behalf.
• The survivor is qualified to enter the United States as a non-immigrant. If the victim is unable to enter the country, they should submit Form I-192.

Crimes qualified for non-immigrant status in the United States

The government has designated certain kinds of crimes in which victims can obtain a U visa. The following offenses are eligible for U Status:

Abduction, Abusive Sexual Contact, Blackmail, Domestic Violence, Extortion, False Imprisonment, Female Genital Mutilation, Felonious Assault, Fraud in Foreign Labor Contracting, Hostage, Incest, Involuntary Servitude, Kidnapping, Manslaughter, Murder, Obstruction of Justice, Peonage, Perjury, Prostitution, Rape, Sexual Assault, Sexual Exploitation, Slave Trade, Stalking, Torture, Trafficking, Witness Tampering, Unlawful Criminal Restraint, and Other similar crimes.

What are the advantages of a U visa?

People who have been given U status have the option to reside in the United States for the duration of their visa. They are now considered legitimate non-immigrants, with the following rights:

• Have a bank account
• Obtain a driving permit.
• Register in a college or training program.
• Work in the country

Can you work in the United States with a U visa?

For U visa holders, the right to work is automatic. The victim receives the Employment Authorization immediately after being granted U status and does not have to submit Form I-765 for Employment Authorization. Furthermore, they are not required to find jobs right away; the EAD also grants the right to live and work whenever they choose or feel capable.

Obtaining a U visa

In order to obtain a U Visa, you must first complete a few basic steps. These actions are described and outlined in detail below:

• Collaborate with enforcement agencies to obtain victim status.
• Fill out the online questionnaire.
• Gather the appropriate documents and send them to the USCIS or the US embassy in your country.
• Wait for your visa to be processed.

Collaborate with enforcement agencies to obtain victim status

You should seek certification from law enforcement and support them in the identification, prosecution, and/or investigation of the reporting crime of which you became a victim. After that, law enforcement will decide whether or not you can submit Form I-918

An online questionnaire

Fill out Application DS-160, Request for Non-immigrant Visa, to start the U visa application process. The form is available electronically and serves as the first phase in the application process.  You will receive a confirmation sheet and number after you send all of your data and the specifications of the visa you applied for, which you will use for your documentation file.

Appropriate documents and the USCIS or the US embassy in your country

If you are applying while in the United States, you must submit the following documentation to USCIS:

• Form I-918 for U nonimmigrant status
• A detailed document outlining your circumstances, the crime in which you were a victim, and the violence you have experienced.
• Police and court documents that prove you were a crime victim
• Medical reports from specialists and facilities that show you were physically or mentally abused as a result of the crime. Letters, photos, and affidavits can all be used in this way.
• A valid passport document or a certificate of birth to prove your identity
• Notes from relatives and friends describing the experience as a result of the crime.
• Submit Form I-192 and get it approved if you are inadmissible
• Verification page for the DS-160.
• One photo that satisfies the Photo Requirements for a US Visa.
• You may also be asked to submit additional requirements depending on your situation so keep in contact with the embassy or the specific office where you will be applying for the U visa.

Wait for your visa to be processed.

Finally, the USCIS then examines your application to check if you are qualified and, if required, demands additional proof.

If you fulfill the criteria for a visa but the legal limit for the fiscal year has been reached, USCIS will add you to a waitlist.

Your application for U non-immigrant status will be accepted once it is decided that you are eligible.

Applying from a country

If you are not in the United States, you must take the following steps:

• To a Vermont Service Center, send all of the above-mentioned papers.
• Make an appointment for an interview at the nearest US Embassy.
• Conduct an interview with a representative from the US Embassy.

To be eligible for the U visa, you must have your petition accepted by USCIS, whether you are requesting from inside or outside the United States. You will also be expected to submit biometric details to the Vermont Center or USCIS. This means fingerprints as well as photos.

How Much Does a U Visa Application Cost?

The application process is free of charge since it relates to crime victims and abuse. Although there are no application fees, there are filing fees for such forms. You may, however, apply for a fee waiver by submitting a formal statement or submitting Form I-912, Fee Waiver Request.

How long does it take for a U visa to be processed?

You must be patient for USCIS to process your application after you submit it. The U visa, sadly, takes a long time to obtain. The processing and approval of the U visa will take up to a maximum of 18 months.

What is the length of the U visa?

The U visa is valid for a period of four years from the time your petition is accepted and marked on your passport.

If your status is about to expire, you may ask USCIS for an extension.

Obtaining this extension, on the other hand, is extremely difficult and is solely dependent on the following factors:

• Law enforcement officials need your data.
• Cases when you are needed in unusual circumstances.
• Processing at the consulate takes a long time.

US visa photo

As mentioned above, applying for a visa will also require a US visa photo which should meet biometric standards.

The general requirements for a US visa photo are:

• Size: 2 x 2 inches
• Must be recent
• Background: white
• Neutral expression
• Look directly at the camera