U-Visa Applications by Evelia Romero: Applying for a U-Visa

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

In order to qualify for a U Visa, an applicant must establish in an application to the USCIS that they were a victim of a crime and were helpful in the investigation or prosecution of the crime. [1]  Below is a list of the requirements that must be met to be eligible for a U-Visa:

• You are the victim of a qualifying criminal activity;
• You have suffered substantial physical or mental abuse as a result of having been a victim of criminal activity.
• You have information about the criminal activity. Please note that if you are under the age of 16 or unable to provide information due to disability, a parent, guardian or next frien may posses the information about the crime on your behalf.
• You were helpful, are helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime. Please note that if you are under the age of 16 or unable to provide information due to disability, a parent, guardian or next friend may assit law enfrocement on your behalf. 
• The crime occured in the United States or violated United States laws.
• You are admissible to the United States. If you are not admissible you may apply for a waiver. 

8 C.F.R. §214.14(c)(2)(ii)

 If this conditions are met, an individual with no immigration status may have their status adjusted to lawfully reside in the States. [2] Congress capped the number of available U visa to 10,000 per fiscal year.[2]

What does is mean to be a victim?

[1]To be a victim you must qualify the following element: 

• The applicant has suffered substantial physical or mental abuse
• As a result of having been a victim
• of one of the enumerated qualifying criminal activities
• which (criminal activity) violated the laws of the US or occurred in the U.S

What does it mean to be Helpful?

 [1]Helpfulness is established by obtaining a completed form I-918 supplemental B form from a law enforcement official. Being Helpful means helping with the case by either given the officer information to catch the perpetrator or talking in court. Any of the following officials can certify helpfulness by completing the form:

• a Federal, State, or local law enforcement 
• a prosecutor
• a judge, or
• Federal, State, or local authority investigating the criminal activity

See below for further explanation on the I-918.

I-918(b): Law Enforcement Certification 

Applicant must provide a certification from a law enforcement authority that states that you have been helpful, are being helpful, or are likely to be helpful to the authorities investigating or prosecuting the criminal activity (or if you are under 16 years old, that your parent, guardian, or “next friend" has been helpful, is being helpful, or is likely to be helpful.

Next of friend means a person who appears in a lawsuit to act for the benefit of an alien under the age of 16 or incapacitated or incompetent, who has suffered substantial physical or mental abuse as a result of being a victim of qualifying criminal activity. The next friend is not a party to the legal proceeding and is not appointed as a guardian.  8 CFR §214.14(a)(7)

The certification must be signed by a certifying official within the six months immediately preceding the filing of Form I-918. 8 CFR §214.14 (14)(c)(2)(i) 

What is Certifying official:

(i) The head of the certifying agency, or any person(s) in a supervisory role who has been specifically designated by the head of the certifying agency to issue U nonimmigrant status certifications on behalf of that agency; or

(ii) A federal, State or Local Judge

       8 CFR § 214.14 (a)(3)(i)(ii) 

[1] U Visa at Glance (no date) Available at: http://www.americanbar.org/content/dam/aba/administrative/gpsolo/__/immigration_cle_materials.authcheckdam.pdf (Accessed: 10 July 2015)

[2]U Visa Law Enforcement Certification Resource Guide (no date) Available at: http://www.dhs.gov/xlibrary/assets/dhs_u_visa_certification_guide.pdf (Accessed: 10 July 2015)

This may also include attempt, conspiracy, or solicitation to commit any of the above, and other related crimes.

The applicant must have information of a criminal activity in which he or she has been a direct or indirect victim of.

• It must be established that the criminal activity either violated the laws of the United States or occurred within the territory of the United States.  The U Visa is available to victim(s) of a qualifying criminal activity listed below or a substantially similar criminal activity. 8 USC §1101 (a)(15)(u)(iii)

• Similar activity refers to criminal offenses in which the "nature and elements of the offenses are substantially similar to the statutorily enumerated list of criminal activities."  8 C.F.R.  §214.14 (a)(9)

A requirement to obtaining U visa status is that you are not in violation of the immigration law's  "inadmissibility" grounds. If you fall into any of the categories listed as grounds of inadmissibility you must file a waiver asking that the violation(s) be excused.  INA § 212

• Some of the inadmissibility grounds include:  (please review the INA for the full list) 
  • unlawful presence (being in the U.S. without permission and then leaving the U.S.);
  • certain crimes;
  • entering the U.S. without permission;
  • having lied to immigration

• Additionally a grant of the waiver will cancel any existing removal order. 

Inadmissibility will not be waived for: INA §212(a)(3)(E)

• Nazis;
• Genocide;
• or torture or extrajudicial killings

Direct victims 

• A direct victim is a person who has suffered from direct and proximate harm as a result of the commision of a qualifying criminal activity. 

8 CFR § 214.14(a)(14)

Indirect Victims

• Certain relatives of direct victims are known as indirect victims when the direct victim is:
  • dead due to murder or manslaughter; or
  • incompetent or incapacitated and cannot provide information about the crime or be helpful in the investigation or prosecution of the crime.
• The relatives that may qualify as "indirect victims" include:
  • the direct victim’s spouse; and
  • the direct victim’s unmarried children under 21 years old. 
  • If the direct victim is under 21 years old, his/her parents and minor siblings (under 18 years old) may also be considered indirect victims. 
• Also if your U.S. citizen child is the victim, and you are undocumented, you may be able to apply for a U visa as an indirect victim.  

8 CFR § 214.14(a)(14)

Applicant must have suffered "substantial physical or mental abuse" as a result of being the victim of one or more of the qualifying criminal activities listed  (or similar activities) that violate federal, state, or local criminal law.

Physical or Mental Abuse 

• Physical or Mental abuse means injury or harm to the victim's physical person, or harm to or impairment of the emotional or psychological soundness of the victim 8 C.F.R.  §214.14(a)(8)  

Substantial mental and/or physical abuse

• In addition, whether the abuse you suffered is “substantial” depends on a number of factors, including but not limited to: 
  • the nature of the injury you suffered;
  • the severity of the abuser’s conduct;
  • the severity of the harm you suffered;
  • for how long you suffered the harm; and
  •  the extent to which there is permanent or serious harm to your appearance, health, or physical or mental health, including if a pre-existing condition was made worse.
• No single factor is required to show that the harm you suffered was substantial.  8 C.F.R.  §214.14(b)(1)  

Documents tha may prove substantial or mental abuse may be:

• The applicants declaration
• the declarations of witnesses to the abuse
• reports and affidavits from police, judges, other court official, school officials, clergy, social workers
• medical reports
•  evidence of appointments with counselors; and
•  photographs showing the abuse

Click here to see other documents that may help establish substantial or mental abuse.

USCIS is the federal component of DHS responsible for approving and denying immigration benefits and status, including the U visa. Federal, State and local law enforcement agencies do not grant or guarantee a U visa or any other immigration status by signing a U visa certification (Form I-918B). Only USCIS may grant or deny a U visa after a full review of the petition to determine whether all the eligibility requirements have been met and a thorough background investigation. [1]

  [1} U Visa Law Enforcement Certification Resource Guide, (no date) Available at: http://www.dhs.gov/xlibrary/assets/dhs_u_visa_certification_guide.pdf (Accessed: 10 July 2015)                                                                            

Yes USCIS.gov states :

When U nonimmigrant status is granted, it is valid for four years. However, extensions are available in certain, limited circumstances if the extension is:

• Needed based on a request from law enforcement,
• Needed based on exceptional circumstances,
• Needed due to delays in consular processing, or
• Automatically extended upon the filing and pendency of an application for adjustment (application for a Green Card).

The U.S Department of State Bureau of Consular Affairs states: 

 If you are eligible for a U visa, you must file Form I-192, Application for Advance Permission to Enter as a Nonimmigrant, directly with the USCIS Vermont Service Center. The U.S. embassy or consulate cannot issue a visa until USCIS has made a determination on the Form I-192. If approved, USCIS will notify you and the U.S. Embassy or Consulate where you applied for your visa. If you receive notification that your waiver has been approved, follow the “221(g)” instructions on the embassy’s or consulate’s website for how to proceed with your application. Do not wait for the embassy or consulate to contact you.

 

The U.S. Department of State Bureau of Consular Affairs states:

If the Department of Homeland Security (DHS) revokes a principal petitioner’s U-1 nonimmigrant status, all family members deriving U nonimmigrant status from the revoked U-1 principal petitioner will have their status revoked, as well. Also, family members residing abroad awaiting decisions on their petitions for derivative U nonimmigrant status (U-2, U-3, U-4, or U-5) will be denied.