When Congress passed the Victims of Trafficking and Violence Protection Act in 2000, the government created the U-Visa, a non-immigrant visa program designed to:

 

 

• Strengthen law enforcement’s ability to detect, investigate, and prosecute serious crimes such as domestic violence, sexual assault, and human trafficking.
• Encourage victims to report crimes and cooperate with authorities, even if they lack lawful immigration status.
• Provide protections to victims of qualifying crimes in keeping with U.S. humanitarian interests.

 

A person can qualify for a U-Visa if they meet four main requirements:

 

 

1. Victim of a qualifying criminal act
   • The applicant must have suffered physical or mental abuse as a result.
   • USCIS maintains a full list of qualifying crimes.
2. Possession of information about the crime
   • The applicant must be willing and able to assist law enforcement in the investigation.
   • If under 16 or disabled, a parent, guardian, or representative can provide the information.
3. Crime occurred in the U.S. or violated U.S. laws
   • Law enforcement must sign a certification supporting the U-Visa petition.
4. Admissibility to the United States

• • Applicants with prior immigration or criminal violations can request a waiver through Form I-192.

 

📝 Application Process

To apply for a U-Visa, candidates typically follow these five steps:

 

1. File Form I-918 (Petition for U Nonimmigrant Status).
2. File Supplement B of Form I-918, signed by a law enforcement official confirming cooperation.
3. File Form I-192 (Application for Advance Permission to Enter as Nonimmigrant), if there are admissibility issues.
4. Submit a personal statement describing the crime, the harm suffered, cooperation with law enforcement, and reasons for forgiveness of any past violations.
5. After approval, file Form I-918, Supplement A (Petition for Qualifying Family Member of a U-1 Recipient).

• • Under 21: may petition for spouse, children, parents, and unmarried siblings under 18.
  • 21 or older: may petition for spouse and children only.

 

⚖️ Limitations and Delays

• The U.S. Citizenship and Immigration Services caps U-Visas at 10,000 per year.
• This quota leads to long waits for approved applicants before a visa is officially granted.

 

While this guide outlines the basics, the U-Visa process is complex and time-sensitive. Independent research cannot replace the guidance of an experienced immigration attorney.

 

📞 Call Castel & Hall, L.L.P. at 617-716-6464 to receive an informed consultation from an experienced immigration lawyer.