What Is A U-Visa?
Congress created the U nonimmigrant visa category through the Victims of Trafficking and Violence Protection Act of 2000.
In order to qualify for a U nonimmigrant visa, an alien must meet the following qualifications:The alien is the victim of a qualifying criminal activity. Such as:
Abusive Sexual Content
Female Genital Mutilation
Obstruction of Justice
Unlawful Criminal Restraint
Other Related Crimes
The alien suffered substantial physical or mental abuse as a result of being the victim of the qualifying criminal activity
The alien has information about the criminal activity.
If the alien is under the age of 16 or unable to provide information due to a disability, then a parent, guardian, or next friend may possess information about the crime on the alien victim's behalf. A "next friend" is someone who acts on the behalf of another who is not legally able to act independently.
The alien was, is, or is likely to be helpful to law enforcement in their investigation or prosecution of the crime.
If the alien is under 16 or unable to provide information due to a disability, a parent, guardian or next friend may assist law enforcement on the alien's behalf.
The crime occurred within the U.S. or violated U.S. law.
The alien is admissible to the U.S. If the alien is not eligible, he/she may apply for a waiver on a Form I-192, Application for Advance Permission to Enter as a Non-Immigrant.
Certain family members are also eligible for derivative U nonimmigrant visa status through the princIf the U visa principal is under the age of 21, they may petition for derivative status on behalf of their spouses, children, parents, and unmarried siblings under the age of 18.
If the U visa principal is 21 years of age or older, they may apply on behalf of their spouses and children.