U Visa Filing Tips
This guide is intended for potential applicants of a U visa.
Basic QualificationsThe U visa is for immigrants who have been victims of a crime and assist or are willing to assist U.S. authorities in investigating and/or prosecuting that crime.
To be eligible to apply for a U visa, a person must:
Have suffered substantial physical or mental abuse as a result of being a victim of certain types of crimes;
Possess information about that criminal activity;
Provide a certification from a law enforcement official, prosecutor, or judge that the person has been, is being helpful, or is likely to be helpful in the investigation or prosecution of the criminal activity; and
Show that the criminal activity violated the laws of the United States
Be honest in your filingIt is most important to divulge the truth in your U visa application. Do not exaggerate the extent of the crime you were a victim of or the substantial harm you suffered as a result of the crime.
Complete the certification in a timely fashionThe U visa certification, Form I-918B is required to be certified by an authorized law enforcement agency. Be sure to acquire this certification before filing or your application will not be accepted.
File all relevant waivers with the petitionIf you entered the country without inspection and are applying for a U visa, you will need to file a waiver - I-192. It is best to file this waiver with your U visa application as to avoid any unnecessary delays.
Permanent Residency post-U visaThe following conditions need to be met for applying for permanent residency after obtaining your U visa:
o Continuous physical presence in the U.S. for least 3 years while on U-Visa status.
o Never unreasonably refused to provide assistance to the law enforcement agencies since received U-Visa.
o Continue to have U-Visa status at the time the applicant applies for adjustment of status.
o Lawfully admitted to the U.S. as applicant with U-Visa status.
o Presence in the U.S. is justified on humanitarian grounds, to ensure family unity or is in the public interest.