If you are a victim of a qualifying crime and have helped or will help law enforcement investigate or prosecute the perpetrator, you may qualify for a U visa. In addition, you can generally also obtain U visas for your spouse and/or children. If the crime victim is a child, his or her parents can also obtain U visa. You may also be eligible for a green card if you have held U visa status for three years and have properly assisted law enforcement.
U VISA
Victims of Criminal Activity
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U VISA
U Visa Details
For Whom Is a U Visa Appropriate?
Foreign nationals who were victims of a crime and who were helpful or may be helpful in the future to law enforcement in the investigation or prosecution of that crime.
U Visa Requirements
U visa classification may be granted to an alien who:
- is a victim of qualifying criminal activity;
- has suffered substantial physical or mental abuse as a result of having been a victim of criminal activity;
- has information about the criminal activity;
- is helpful, are helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime that occurred in the United States or violated U.S. laws; and
- is admissible to the United States or would be if eligible for an INA 212(d)(3) waiver.
Qualifying Criminal Activity
| Abduction | Incest | Sexual Assault |
|---|---|---|
| Abusive Sexual Contact | Involuntary Servitude | Sexual Exploitation |
| Blackmail | Kidnapping | Slave Trade |
| Domestic Violence | Manslaughter | Stalking |
| Extortion | Murder | Torture |
| False Imprisonment | Obstruction of Justice | Trafficking |
| Female Genital Mutilation | Peonage | Witness Tampering |
| Felonious Assault | Perjury | Unlawful Criminal Restraint |
| Fraud in Foreign Labor Contracting | Prostitution | Other Related Crimes*† |
| Hostage | Rape | *Includes any similar activity where the elements of the crime are substantially similar. †Also includes attempt, conspiracy, or solicitation to commit any of the above and other related crimes. |
USCIS Memo Relating to U VISA
| Date | Title | Details |
|---|---|---|
| October 04, 2016 | Policy Memorandum PM 602-0032.1 | Guidance for Extension of Status for T and U Nonimmigrants |
| May 13, 2016 | Matter of L-S-M- | Matter of L-S-M- clarifies that the exception to the civil penalties for failure to comply with an order of voluntary departure, available for certain victims of domestic violence or related abuse |
