The U VISA grants legal status and work permits to crime victims aiding law enforcement, established under the 2000 Victims of Trafficking and Violence Protection Act. It extends eligibility to direct and indirect victims of various crimes, offering a path to residency and family member inclusion.
By Brad Nakase, Attorney
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The U VISA serves as a critical legal tool for victims of certain crimes. Created by Congress in 2000 through the Victims of Trafficking and Violence Protection Act, its primary aim is to aid law enforcement in investigating crimes while protecting cooperative victims. It’s reserved for individuals who have endured mental or physical abuse and have been, or are, instrumental in assisting law enforcement or government officials in criminal investigations or prosecutions.
An employer law attorney can assist with U Visas by advising employers on the legal implications and processes involved when their employees are victims of qualifying crimes. They can also facilitate communication and documentation between the business, employees, and law enforcement, ensuring compliance and supporting the employees’ U Visa applications.
Upon receiving a U VISA, the beneficiary gains deferred action status and a work permit for four years. This status shields them from deportation and permits legal employment in the U.S. After three years in this status, they may seek lawful permanent-resident status. Notably, the U VISA also extends to qualifying family members through derivative visas.
Eligibility hinges on being a crime victim who has reported the crime and aided in its investigation. Unfortunately, many potential applicants, particularly those with unlawful status, do not report crimes due to fear of legal consequences. The application process necessitates certification from law enforcement, affirming the applicant’s victim status and cooperation.
To be eligible, the victim’s experience must align with specific crimes, such as domestic violence, sexual assault, kidnapping, and several others. Notably, indirect victims, like spouses or minor children of direct victims, may also qualify under certain circumstances.
A significant benefit of the U VISA is the concurrent filing of a “waiver of inadmissibility.” This waiver addresses potential barriers like illegal entry, visa overstay, or past criminal convictions, offering a path for those otherwise ineligible for immigration status normalization. This application incurs a $930 fee, but fee waivers are available under qualifying conditions.
The U Visa application process begins with obtaining a U VISA certification, a crucial five-page document from an appropriate authority like law enforcement, prosecutors, or child and family services. This certification has a six-month validity, necessitating prompt USCIS application submission. The 11-page U VISA application form requires detailed evidence of the applicant’s substantial abuse, information about the crime, and their helpfulness in the investigation or prosecution. It also allows for the inclusion of qualifying relatives, regardless of their current U.S. residency status.
U Visa Applicants must also prepare for the waiver of inadmissibility application, with a focus on supporting documentation for a fee waiver, if needed. The comprehensive application, submitted to USCIS, currently faces a prolonged adjudication period of over five years. However, recent policy changes have enabled the issuance of work permits to applicants with pending bona fide petitions, offering some relief during the lengthy wait.
The U VISA stands as a beacon of hope, offering legal status opportunities to both direct and indirect victims of crimes in the United States. It emphasizes the importance of thorough screening for U VISA eligibility by practitioners, ensuring victims receive the support and legal recognition they deserve.
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