U Nonimmigrant Visa (U visa)

 U Visas: Victims of Criminal ActivityThe U nonimmigrant status (U visa) is set aside for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity. Congress created the U nonimmigrant visa with the passage of the Victims of Trafficking and Violence Protection Act (including the Battered Immigrant Women’s Protection Act) in October 2000. The legislation was intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, trafficking of aliens and other crimes, while also protecting 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 legislation also helps law enforcement agencies to better serve victims of crimes.U Nonimmigrant EligibilityYou may be eligible for a U nonimmigrant visa if:

• You are the victim of qualifying criminal activity.
• You have suffered substantial physical or mental abuse.
• You have information about the criminal activity.
• You were helpful, are helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may assist law enforcement on your behalf.
• The crime occurred in the United States or violated U.S. laws.
• You are admissible to the United States or you may obtain a waiver of inadmissibility on most grounds.

Qualifying Criminal Activities for a U visa include:

• Abduction, Abusive Sexual Contact or Domestic Violence
• Blackmail or Extortion
• False Imprisonment, Hostage, Kidnapping or Unlawful Criminal Restraint
• Female Genital Mutilation
• Felonious Assault, Torture or Stalking
• Fraud in Foreign Labor Contracting
• Incest
• Involuntary Servitude, Slave Trade or Peonage
• Manslaughter or Murder
• Obstruction of Justice, Perjury
• Prostitution
• Rape, Sexual Assault or Sexual Exploitation
• Trafficking
• Other Related crimes where the elements of the crime are similar to any of the crimes listed above

U Visa Benefits and Limitations

• U Visas do not require any government filing fees.
• The limit on the number of U visas that may be granted to principal petitioners each year is 10,000. However, there is no cap for family members deriving status from the principal applicant, such as spouses, children, or other eligible family members.
• If the cap is reached before all U nonimmigrant petitions have been adjudicated, USCIS will create a waiting list for any eligible principal or derivative petitioners that are awaiting a final decision and a U visa. Petitioners placed on the waiting list will be granted deferred action or parole and are eligible to apply for work authorization while waiting for additional U visas to become available.
• Once additional visas become available, those petitioners on the waiting list will receive their visa in the order in which their petition was received. Petitioners on the waiting list do not have to take any additional steps to request the U visa. USCIS will notify the petitioner of the approval and the accompanying U visa
• U Visas are valid for up to four (4) years. In some cases, U visas may be extended.
• After three (3) years in U nonimmigrant status, a U visa holder may apply for adjustment of status to that of a legal permanent resident.

Call the Law Office of Robert L. Berlin today at (904) 296-9474 or contact us online to schedule a confidential appointment.