U Nonimmigrant Visa Application by Alexa Rodriguez: Benefits of U Visa Status

If your U Visa application is approved you will be able to remain in the United States with lawful U Visa status for up to 4 years.  INA § 214(p)(6)

• If your application for U visa status is approved, you will be eligible to receive a work permit.  

• After having three years with U Visa Status in the United States you will be eligible to apply for lawful permanent residence    (commonly known as a green card) if you meet all of the requirements.  INA § 245(m)

• Please note that the U Visa status may be extended if the law enforcement agency that filled out your certification confirms that your presence in the United States is required to assist in further investigation or prosecution of the qualifying criminal activity.  8 C.F.R. §214.14(g)

• Any outstanding order of removal, deportation or exclusion " will be deemed cancelled by operation of law as of the date of USCIS's approval." 8 C.F.R. §214.14(c)(5)(i)
• The order may be cancelled by filing with the IJ or the BIA, a motion to reopen and terminate removal proceedings which ICE "may agree, as a matter of discretion" to overcome time and numerical bars. 

• You may also be eligible for some public benefits. (please ask you attorney to advise you on which ones are applicable)

• Please note that your qualifying derivative family member will also be allowed to stay or come to the United States if they are abroad. 

All of the following requirements must be met in order to potentially obtain Lawful Permanent Residence:

• You have been physically present in the U.S. for a continuous period of at least 3 years since the date you were admitted under U visa status;

• The continuous physical presence is broken if you are outside of the U.S. for 90 days in a row or 180 days in total, unless:
• the absence was necessary to assist in the investigation or prosecution of the crime; or
• if the law enforcement official investigating or prosecuting the crime certifies that the absence was justified

• You were lawfully admitted to the U.S. as a principal or derivative with U visa status;

• You continue to have U visa status at the time you apply for lawful permanent residence (the U visa status has never been revoked);

• You are not inadmissible due to your participation in Nazi persecution, genocide, or as someone who committed an act of torture or an extrajudicial killing;

• After receiving U visa status, you have not unreasonably refused to provide assistance to an official or law enforcement agency investigating or prosecuting the person(s) who committed the crime that made you eligible for U visa status; and

• Your continued presence in the U.S. is justified on humanitarian grounds, to ensure family unity, or it is in the “public interest."

INA § 245(m)

8 CFR § 245.24(b),(c)

To apply to adjust your status to that of a permanent resident of the United States.

Principal Applicant 

• The principal applicant receives the work permit automatically after the application has been approved.  8 CFR § 214.14(c)(7)
• If you are a principal applicant and you applied abroad you will be eligible to apply for work authorization once you enter the United States with U Visa Status.
  

Qualifying Derivative Family Member

• Are eligible to apply for work authorization when and if they have applied as derivatives. Please may have been submitted with the principal applicant I-918 application or after approval of the U Visa application is granted. 8 CFR § 214.14(f)(7)

Please use this form to apply for work authorization if you have not done so or it is so required.