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The Victims of Trafficking and Violence Protection Act of 2000
created two new nonimmigrant visas for noncitizen victims of
crimes, the T-visa and the U-visa. Both visas are designed to
provide immigration status to noncitizens that are assisting or are
willing to assist authorities investigating crimes.
The U visa is designed for noncitizen crime victims who have
suffered substantial physical or mental abuse from criminal
activity and who agree to cooperate with government
officials investigating or prosecuting this criminal activity.
Your abuser does not need to be a U.S. citizen or lawful
permanent resident, and you do not have to have been married to
the abuser to be eligible for a U visa.
As of December 2004, CIS had not yet issued regulations on U
visas.
However, CIS has issued guidance on providing interim relief for
you if you are eligible for a U visa.
This means that you cannot apply for a U-visa at this time, but you
may be able to apply for temporary status until those regulations
are issued.
After three years, U visa holders may apply for lawful
permanent residence.
The T-visa is for victims of severe forms of trafficking in persons
who assist in the investigation or prosecution of trafficking and
who would suffer extreme hardship involving unusual and severe
harm if they were deported.
What is U-visa interim relief?
Because the CIS has not yet published regulations governing
these visas, it is not yet possible to obtain a U-visa.
However, the CIS may grant temporary legal status, called U-visa
interim relief, to those who are eligible until there is a process for
applying. This temporary status is offered to victims until the U-
visa regulations are published to ensure that they have a chance
to apply for a U-visa.
The requirements for U-visas and U-visa interim relief are
the same.
U-visa interim relief and employment authorizations are valid for
one year. You must apply for an extension every year before
the expiration of the current period.
If a U-visa isn't available now, is there anything I should do?
If you qualify for the U-visa, you may apply for U-visa interim relief.
You should start gathering documentation to establish eligibility for
U-visa status. This includes collecting:
What are the benefits of a U visa?
Approved U visa petitioners will be granted temporary legal status
and work authorization.
After three years, you will be eligible to apply for lawful permanent
resident status.
Up to 10,000 U visas will be available each year for eligible
applicants.
Can I become a lawful permanent resident if I hold a U-visa?
Yes, once the U-visa regulations have been published and actual
U-visas are issued. U-visas will allow you to apply to become a
lawful permanent resident if:
does not make you eligible for lawful permanent residence until
the actual U-visas are available.
relief?
If you have a current temporary (non-immigrant) visa, you can
apply for a U- visa or U-visa interim relief.
If you are granted U-visa interim relief, you will have to cancel your
current nonimmigrant visa and not renew it.
Can family members benefit from the U-visa?
Certain family members of persons granted U visa status can also
qualify for a U- visa. These include the spouse and children of the
principal applicant granted U status (as long as the spouse was
not the person who committed the crime against you).
Where the applicant is a child crime victim, the parent may qualify
as well.
To qualify as a family member, a designated government official
must certify that an investigation or prosecution would be harmed
without the assistance of the qualifying relative. The CIS must
unusually determine that the qualifying relative would suffer
extreme hardship if a U visa is not granted, however in some
cases you do not have to prove this "extreme hardship"
requirement.
Should I, as a U-visa applicant, go to CIS for "interim relief"?
You may not want to go to the CIS for "interim relief," even if you
think you qualify as a potential U-visa applicant. There is always
the possibility of deportation if you do not have a current legal
status.
Because there are not yet regulations on the U visa, there are
many questions about how CIS will interpret the eligibility
requirements. If you are currently undocumented and you
approach CIS for U visa interim relief, you could be deported if
your U visa application is denied.
In all cases, you should consult with an immigration expert. S/he
can help you figure out if you are likely to qualify or if there is a
risk of being deported.
If I have been the victim of domestic violence, should I
apply for VAWA or for a U-visa?
It depends. Some victims of domestic violence can seek
immigration status under VAWA and do not need to wait for the
U visa to be implemented to seek legal status.
If you are an abused spouse or child of a lawful permanent
resident or US citizen, you are eligible to self-petition to gain lawful
status under VAWA.
Victims of domestic violence who are not married to the abuser, or
who have been abused by spouses who are not US citizens or
lawful permanent residents, are not eligible to self-petition under
VAWA, but may seek status under the U visa.
You should discuss either of these options with an immigration
specialist BEFORE you go to the USCIS.
created two new nonimmigrant visas for noncitizen victims of
crimes, the T-visa and the U-visa. Both visas are designed to
provide immigration status to noncitizens that are assisting or are
willing to assist authorities investigating crimes.
The U visa is designed for noncitizen crime victims who have
suffered substantial physical or mental abuse from criminal
activity and who agree to cooperate with government
officials investigating or prosecuting this criminal activity.
Your abuser does not need to be a U.S. citizen or lawful
permanent resident, and you do not have to have been married to
the abuser to be eligible for a U visa.
As of December 2004, CIS had not yet issued regulations on U
visas.
However, CIS has issued guidance on providing interim relief for
you if you are eligible for a U visa.
This means that you cannot apply for a U-visa at this time, but you
may be able to apply for temporary status until those regulations
are issued.
After three years, U visa holders may apply for lawful
permanent residence.
The T-visa is for victims of severe forms of trafficking in persons
who assist in the investigation or prosecution of trafficking and
who would suffer extreme hardship involving unusual and severe
harm if they were deported.
What is U-visa interim relief?
Because the CIS has not yet published regulations governing
these visas, it is not yet possible to obtain a U-visa.
However, the CIS may grant temporary legal status, called U-visa
interim relief, to those who are eligible until there is a process for
applying. This temporary status is offered to victims until the U-
visa regulations are published to ensure that they have a chance
to apply for a U-visa.
The requirements for U-visas and U-visa interim relief are
the same.
U-visa interim relief and employment authorizations are valid for
one year. You must apply for an extension every year before
the expiration of the current period.
If a U-visa isn't available now, is there anything I should do?
If you qualify for the U-visa, you may apply for U-visa interim relief.
You should start gathering documentation to establish eligibility for
U-visa status. This includes collecting:
- • proof of being victim of a crime
• proof of suffering substantial physical or mental
abuse as a result of the crime; and
• proof of being helpful to law enforcement officials in
the investigation and/or prosecution of the crime.
- You should get a certification from a law enforcement
official who is working with you in the investigation or
prosecution of the crime that the conditions listed above are
met. It is very important to obtain this certification from law
enforcement officials as soon as possible, while you are
involved in providing information and assistance. In this way,
you will have the documents you need when the application
procedure is in place.
What are the benefits of a U visa?
Approved U visa petitioners will be granted temporary legal status
and work authorization.
After three years, you will be eligible to apply for lawful permanent
resident status.
Up to 10,000 U visas will be available each year for eligible
applicants.
Can I become a lawful permanent resident if I hold a U-visa?
Yes, once the U-visa regulations have been published and actual
U-visas are issued. U-visas will allow you to apply to become a
lawful permanent resident if:
- • you have been physically present in the United
States for 3 years since you were issued the U-visa
(or since you were given U-visa interim relief); or
• you can show that your continued presence in the
United States is supported by humanitarian grounds,
to ensure family unity, or is otherwise in the public
interest; or
• CIS can decide, in its discretion, to reduce the three
year wait to become a lawful permanent resident if it
receives certification from law enforcement officials
saying that they do not object.
does not make you eligible for lawful permanent residence until
the actual U-visas are available.
relief?
If you have a current temporary (non-immigrant) visa, you can
apply for a U- visa or U-visa interim relief.
If you are granted U-visa interim relief, you will have to cancel your
current nonimmigrant visa and not renew it.
Can family members benefit from the U-visa?
Certain family members of persons granted U visa status can also
qualify for a U- visa. These include the spouse and children of the
principal applicant granted U status (as long as the spouse was
not the person who committed the crime against you).
Where the applicant is a child crime victim, the parent may qualify
as well.
To qualify as a family member, a designated government official
must certify that an investigation or prosecution would be harmed
without the assistance of the qualifying relative. The CIS must
unusually determine that the qualifying relative would suffer
extreme hardship if a U visa is not granted, however in some
cases you do not have to prove this "extreme hardship"
requirement.
Should I, as a U-visa applicant, go to CIS for "interim relief"?
You may not want to go to the CIS for "interim relief," even if you
think you qualify as a potential U-visa applicant. There is always
the possibility of deportation if you do not have a current legal
status.
Because there are not yet regulations on the U visa, there are
many questions about how CIS will interpret the eligibility
requirements. If you are currently undocumented and you
approach CIS for U visa interim relief, you could be deported if
your U visa application is denied.
In all cases, you should consult with an immigration expert. S/he
can help you figure out if you are likely to qualify or if there is a
risk of being deported.
If I have been the victim of domestic violence, should I
apply for VAWA or for a U-visa?
It depends. Some victims of domestic violence can seek
immigration status under VAWA and do not need to wait for the
U visa to be implemented to seek legal status.
If you are an abused spouse or child of a lawful permanent
resident or US citizen, you are eligible to self-petition to gain lawful
status under VAWA.
Victims of domestic violence who are not married to the abuser, or
who have been abused by spouses who are not US citizens or
lawful permanent residents, are not eligible to self-petition under
VAWA, but may seek status under the U visa.
You should discuss either of these options with an immigration
specialist BEFORE you go to the USCIS.
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OKOYE
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U Visas: Immigrant Victims of Crime
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Am I eligible to apply for a U Visa?
proceedings, you can still apply for a U visa.
Judges are well qualified to provide the certification that you will
need to obtain this protection. Certifications also may provide
information on the mental or physical abuse you have suffered.
They may also state that you possess information concerning
the criminal activity.
Is there a list of contents that must be included in the U- visa
application?
Yes, below is a list of contents that must be included in the U
visa application (and the interim relief application).
following
abuse-can include any of the following:
months showing the following (note that there is no official
form or format for this certification):
Where do I send my U-visa interim relief application?
U visa interim relief applications should be sent to:
- Maybe. Victims of a broad range of criminal activity
listed in the legislation may qualify for U visas.
Many of these victims will be women and children and
include victims of domestic violence, nannies subjected
to abuse from their employers, trafficking victims, and
victims of rape in the workplace.
proceedings, you can still apply for a U visa.
- To qualify for a U visa, you must show:
- that you have suffered "substantial physical or mental
abuse" as the result of one of the following forms of
criminal activity (or "similar" activity) conducted in the US: - rape; torture; trafficking; incest; domestic violence;
sexual assault; abusive sexual contact; prostitution;
sexual exploitation; female genital mutilation; being
held hostage; peonage; involuntary servitude; slave
trade; kidnapping; abduction; unlawful criminal
restraint; false imprisonment; blackmail; extortion;
manslaughter; murder; felonious assault; witness
tampering; obstruction of justice; perjury; or attempt,
conspiracy, or solicitation to commit any of the above
mentioned crimes. - that you possess information concerning the criminal
activity; - that you can provide a certification that states that you
are being, have been, or are likely to be helpful to the
investigation or prosecution of the criminal activity. (This
certification must come from a federal, state, or local
law enforcement official, prosecutor, judge, or authority
that is investigating the criminal activity.); and - that you are otherwise admissible to the US (that you
are not barred from the US for any reason).
Judges are well qualified to provide the certification that you will
need to obtain this protection. Certifications also may provide
information on the mental or physical abuse you have suffered.
They may also state that you possess information concerning
the criminal activity.
Is there a list of contents that must be included in the U- visa
application?
Yes, below is a list of contents that must be included in the U
visa application (and the interim relief application).
- cover letter (this should be a "road map" for the CIS
examiner) - applicant's declaration (must be detailed, describe the
abuse, and how the application meets each U visa
requirement) - personal information (including some form of
identification)
following
- o U Visa certification form (see below)
o a police report of the crime
o a copy of a restraining order and
o any documents used to obtain the
restraining order
abuse-can include any of the following:
- o can be detailed in the applicant's
declaration;
o declarations of witnesses to the abuse;
o declarations of police, health care workers,
etc…;
o medical reports documenting the effects of
o physical or mental abuse to the applicant;
o reports or evidence of appointment with
counselors, shelters, etc…; and/or
o photographs that show the abuse
months showing the following (note that there is no official
form or format for this certification):
- o must state that the applicant was a victim
of one or more crimes protected by the U Visa;
o must identify the crime(s); and
o must verify the victim is, has been, or is
likely to be helpful to the prosecution or
investigation of the criminal activity
Where do I send my U-visa interim relief application?
U visa interim relief applications should be sent to:
- US C.I.S. Vermont Service Center
VAWA Unit, Box 1000
75 Lower Welden St.
Saint Albans, Vermont 05479
Be sure to write "DO NOT OPEN IN THE
MAILROOM" in large red letters on front of
envelope.
