U visas
Victims of violent crimes in the United States may be able to fix their papers if they assisted in the investigation or prosecution and suffered substantial mental or physical abuse as a result of the crime. U visas are commonly approved for victims of domestic violence, sexual assault, felonious assault, and other crimes. Find out more below.
Frequently Asked Questions
I was a crime victim several years ago. Can I still apply for a U visa?
There is no legal time limit that prevents you from getting a U visa based on a crime that occurred many years ago. However, there may be practical concerns that prevent you from applying for a U visa if the crime happened a long time ago. For example, all U visa applicants must obtain a law enforcement certification attesting that they were a victim of a qualifying crime and cooperated with police, prosecutor or judge. Some law enforcement agencies refuse to sign the certification if too much time has passed since the crime occurred. In other cases, it may be impossible to obtain the necessary evidence, such as police reports, if the records have been destroyed.
How long does it take to get a U visa approved?
A very long time. The law allows only 10,000 principal U visa applicants to be approved each year. There are many tens of thousands of people on the waiting list so it takes many years to advance to the front of the line. Many people will be able to obtain a work permit while waiting, but it takes several years just to get the first work permit approved. If you have a pending U visa case please be patient. Your case will take many years.
I was a victim of a crime but there was no police report. Can I get a U visa?
In order to obtain a U visa, a law enforcement agency must sign a certification that says that you were the victim of a qualifying crime and that you assisted with the investigation and/or prosecution of the case. You cannot get a U visa if the crime was not reported. However, some victims of domestic violence may be eligible for a VAWA self-petition or VAWA special-rule cancellation of removal if the abuser was a U.S. citizen or permanent resident spouse, parent or child, even if there was no police report, the crime was never investigated, or the victim did not cooperate in the investigation.
Which family members may I include in my U visa case?
If you are 21 years old or more you may include your spouse and unmarried children under age 21. If you are less than 21 years old you may include your spouse, parents, unmarried siblings under age 18, and unmarried children under age 21. You can include qualifying family members whether they are inside the United States or outside the United States. When you apply for permanent residency after three years in U status you may do a petition for qualifying family members who never obtained a U visa, including a new spouse who you married after you applied for your U visa.
What are the benefits a U visa?
The waiver required for a U visa is different from the waivers required for residency through a family member. Many people who are not eligible for a waiver through a family-based residency application may be eligible for a waiver through a U visa. Sometimes a U visa is a person’s only option. Once the government reviews your U visa petition and finds that your are eligible, you are placed on a waiting list and granted deferred action. Deferred action allows you to get a work permit and protects you from deportation. Once your U visa is approved, you are granted lawful status for 4 years. After 3 years in U status you may apply for permanent residency as long as you have been continuously present in the U.S. for 3 years.
Can I travel outside the United States with my U visa?
Yes, but in most cases I strongly recommend that you do not travel with your U visa. Remember, in order to apply for residency based on the U visa you must be continuously present in the U.S. for 3 years in U status. Most people approved for U status will require an additional waiver after they depart the U.S. Any delay in the waiver application could cause you to lose your chance at getting a green card. Generally, the only people that I advise to travel with a U visa are people who already processed their visas at a U.S. consulate and whose departure from the U.S. will not trigger any additional penalties.
