U Visa Basics

The U Visa, like all visas, is administered, reviewed, and approved by the USCIS, the federal agency that oversees immigration to the United States.  The U Visa was created by Congress in 2000 as part of the Victims of Trafficking and Violence Protection Act.  It is designed to better serve victims of crimes and strengthen law enforcement agencies abilities to investigate and prosecute domestic violence cases, sexual assault, trafficking of aliens, and other crimes.  The legislation is also intended to protect victims of crimes who have suffered substantial mental or physical abuse due to the crime and are willing to help law enforcement authorities in the investigation or prosecution of the criminal activity.

The U Visa grants victims of certain crimes temporary legal status and work eligibility in the United States.  The applicant must have suffered substantial physical or mental abuse as a result of a criminal act.  Qualifying crimes include:

• Abduction
• Abusive Sexual Content
• Blackmail
• Domestic Violence
• Extortion
• False Imprisonment
• Female Genital Mutilation
• Felonious Assault
• Hostage
• Incest
• Involuntary Servitude
• Kidnapping
• Manslaughter
• Murder
• Obstruction of Justice
• Peonage
• Perjury
• Prostitution
• Rape
• Sexual Assault
• Sexual Exploitation
• Slave Trade
• Torture
• Trafficking
• Witness Tampering
• Unlawful Criminal Restraint
• Other Related Crimes

All U Visa petitions must also include information on how the victim can assist or is assisting the government (police, prosecution) in learning more about the crime including investigation and/or prosecution of the individual(s) who committed the crime.  An approved U Visa petition will automatically grant the applicant work eligibility in the United States for up to four years.  An Employment Authorization Document will be included with all approved petitions and can be used to obtain a Social Security Number to start work legally.  After three years, U Visa holders may apply for lawful permanent residence.  In short, the U Visa protects victims of crimes and is a path to permanent residence in the country where the applicant has likely spent a significant portion of his or her life.

Family members of the victim can also qualify for a U Visa.  If the petitioner is under 21 years of age, he or she may apply for a U Visa for his or her spouse, children, parents, and unmarried siblings under the age of 18.  If the petitioner is over 21 years of age, he or she may apply for a U Visa for petitioner’s spouse and/or children.

Here at MPS, we strive to serve under-represented members of our communities through firm outreach and partnerships with non-profits.  If you are undocumented and a victim of a crime or if you know someone that is, please contact us.  We are bilingual, compassionate, and eager to help.