U Visas for Victims of Specific Crimes
The Victims of Trafficking and Violence Protection Act of 2000 (VTVPA) created a special nonimmigrant classification designated as the U visa for victims of specific crimes. The visa offers not only protection and temporary benefits to alien victims but also bolsters law enforcement capabilities to investigate and prosecute criminal activity. On September 5, 2007, U.S. Citizenship and Immigration Services (USCIS) announced it would grant temporary immigration benefits to certain crime victims who assist government officials in investigating or prosecuting the criminal activity.
Currently, the U visa is available to those who meet four basic requirements:
- The alien can show substantial suffering due to physical or mental abuse as a result of being the victim of certain criminal activity;
- The alien possesses information about that criminal activity;
- The alien has been, is being, will be or is likely to be helpful to federal, state or local authorities; and
- The criminal activity violated U.S. law or occurred in the United States or its territories.
To apply for U status, the applicant must complete Form I-918. Application cover letters should clearly state the applicant's basis for requesting the U visa and explain why each submitted document is relevant. The application should include a declaration by the applicant describing the abuse or criminal activity suffered by the applicant relevant to the U visa eligibility.
The applicant must supply all personal information, such as personal identification, passports, birth certificates and I-94 documents for all persons applying for both the U visa and the derivative U visa. The application must also include a certification form, Form I-918 Supplement B, completed by federal, state or local law enforcement.
In cases involving substantial physical and/or mental abuse, the applicant should include a personal declaration describing the abuse, as well as any evidence of the abuse suffered by the applicant, such as
- photos,
- medical records or
- witness statements.
The application and the supporting evidence must be filed with the USCIS's Vermont Service Center. Even though the U visa is a non-immigrant status visa, an alien who has received deferred action may apply for work authorization by filing Form I-765, Application for Employment Authorization. This authorization is subject to yearly review.
U status is granted for a total of up to four years and can be terminated if circumstances in the case change so that it no longer warrants deferred action. Furthermore, U status can be terminated for conduct or a condition not disclosed prior to issuance of relief.
Determinations of termination of U status cannot be appealed. Termination cancels the deferred action and revokes related work authorization.
The VTVPA also allows derivative U status for applicants' spouses, children and the parents of U visa applicants younger than 21 years of age. Applicants for the derivative status must provide certification from a government official that an investigation or prosecution would be harmed without the assistance of the derivative applicant. Those family members eligible for interim relief U status who are present in the United States must also demonstrate extreme hardship if removed from the country.