U-Visa Applications by Evelia Romero: Forms

To apply for U visa the petioner must submit the following documents.

• Form G-28, Notice of Appearance , to let  USCIS know that you are have a attorney
• Form I-918, Petition for U Nonimmigrant Status
  • Form I-914 Supplement A for any family member seeking derivative status
• Form I-918, Supplemental B. U Nonimmigrant Status. The Form I-918, Supplement B, must be signed by and authorized official of the certifying law enforcement agency and the official must confirm that you were helpful, and currently being helpful, or will likely be helpful in the investigation or prosecution of the case.
• If any inadmissibility issues are present, you must file a  Form I- 192, Application for Advance Permission for Advance Permission to Enter as Nonimmigrant, to request a waiver of the inadmissibility;
• A personal statement describing the criminal activity of which you were a victim; and
• Evidence to establish each eligibility requirement - visit USCIS site to see more of the  Forms section, specifically the Humanitarian Benefits Based Forms.·
• ·  Three current photographs
• ·  Form I-912 application for fee waiver. if you cannot afford the fee
• ·  Form I-601, Application for Waiver of Grounds of Inadmissibility, as necessary which is a form to request change of status

You may also file for a U Visa if you are outside of the United States.

• File all the necessary forms for U nonimmigrant status with the Vermont Service Center.
• Follow all instructions that are sent from the Vermont Service Center, which will include having your fingerprints taken at the nearest U.S. Embassy or Consulate.
• If your petition is approved, you must consular process to enter the United States, which will include an interview with a consular officer at the nearest U.S. Embassy or Consulate.
• Find the nearest Unites States Embassy or Consulate near you by clicking on this link

To understand the process for family members that may qualify to get a derivative status Please read article below by: Kristina Gasson from Nolo.com. Or click here to read more. Kristina Gasson,What Family Members need to prove to get derivative U Status, (2015),http://www.nolo.com/legal-encyclopedia/what-family-members-need-prove-get-derivative-u-status.html

The crime victim who applies for U status is known to USCIS as the “principal applicant” and – if approved – will be granted U-1 status allowing the person to live and work in the U.S. for a specified period of time not longer than four years. If you are a principal applicant, you can also petition for derivative U status for certain family members by submitting Form 918A, Petition for Qualifying Family Member of U Visa Recipient, either at the time of your application or after you receive approval.

Which relatives qualify for derivative U status will depend on your age – and in some instances, your family member’s age and marital status.

If the principal applicant is over 21 years old, he or she can include the following family members in the application:

• a spouse (U-2) and
• unmarried children under age 21 (U-3).

If the principal applicant is under 21, the following relatives qualify for derivative U status:

• a spouse (U-2)
• unmarried children under age 21 (U-3)
• parents (U-4), and
• unmarried siblings under age 18 (U-5).

Principal applicants older than 21 cannot petition for derivative visas for their parents or siblings. Derivative U-4 parents and U-5 siblings will not lose their eligibility if the principal applicant turns 21 years old before their derivative visas are issued. In addition, U-5 siblings who reach their 18th birthday before their applications are decided upon maintain their eligibility as long as they do not marry before entering the United States. 

USCIS also issued a rule in 2014 that will prevent U-3 derivative applicants from “aging out “if they turn 21 while their application for U status is pending.

Derivative Family Members Must Be Admissible or Apply for a Waiver

Derivative U visa applicants do not need to meet the U visa eligibility requirements that the principal applicant does – such as being the victim of a serious crime, suffering serious abuse, and possessing helpful information for law enforcement.

However, the grounds of inadmissibility listed at I.N.A. § 212(a) will apply to derivative applications for U status  with the exception of the "public charge" ground (in which immigrants can be denied entry if they will likely need to rely on need-based government assistance).

If you think that you may be inadmissible, contact an experienced immigration attorney or an organization familiar with U visas to help you apply for a waiver of these grounds.

Consular Processing Applies to Derivative Relatives Who Reside Abroad

If your application for derivative U status is approved and you live outside the U.S., you will need to undergo additional processing in your home country. This means that you will need to apply for a visa and attend an interview at the nearest U.S. embassy or consulate before you are issued a U visa that will enable you to travel to the United States.

USCIS and the U.S. Department of State will not schedule this interview for you, so you will need to be proactive in applying for a visa and gathering the necessary evidence for the consular officers. Because the various consulates abroad all have different operating procedures, you should contact your local office to make sure that you have all the necessary evidence with you when you attend your interview to avoid delays in processing your U visa.

Derivative Family Members Must Apply for Work Authorization Separately

The principal applicant will be automatically issued an employment authorization document (also known as an “EAD” or a work permit) if his or her U visa application is approved. However, derivative family members must submit separate EAD applications if they wish to legally work in the United States.

To do this, they will need to file Form I-765, Application for Employment Authorization along with the application for derivative U status or, if applying after they have been approved for a U visa, with a copy of the U visa stamp in their passports or the USCIS approval notice.