1. What is Form I-918 and who is it for?
Form I-918 is the Petition for U Nonimmigrant Status, commonly known as the U Visa application form. This form is designed for victims of certain crimes who have suffered mental or physical abuse and are willing to assist law enforcement and government officials in the investigation or prosecution of those crimes. The U Visa is intended for individuals who have experienced substantial harm and are helpful in the investigation or prosecution of criminal activities. The U Visa provides temporary immigration benefits, including work authorization and the possibility of permanent residency, to eligible victims of crimes. This form allows applicants to request U Nonimmigrant Status and is a critical step for individuals seeking protection in the United States due to their victimization.
2. What are the eligibility requirements for a U nonimmigrant visa?
To be eligible for a U nonimmigrant visa, also known as a U visa, individuals must meet certain criteria established by U.S. Citizenship and Immigration Services (USCIS). The main eligibility requirements include:
1. Victim of Qualifying Criminal Activity: The applicant must have been a victim of a qualifying criminal activity, such as domestic violence, sexual assault, human trafficking, or other crimes as outlined in the U visa regulations.
2. Suffered Substantial Physical or Mental Abuse: The victim must have suffered significant physical or mental abuse as a result of the criminal activity.
3. Assistance to Law Enforcement: The applicant must have information about the criminal activity and be willing to assist law enforcement in the investigation or prosecution of the crime.
4. Admissibility: The applicant must meet the admissibility requirements for entry into the United States, or be eligible for a waiver of any grounds of inadmissibility.
5. Form I-918: The applicant must complete and submit Form I-918, Petition for U Nonimmigrant Status, along with all required supporting documentation to USCIS.
Meeting these eligibility requirements is crucial for individuals seeking U nonimmigrant status, as this visa provides protection and temporary legal status to victims of crime who cooperate with law enforcement.
3. Can family members of the primary U visa applicant also apply for derivative U visas?
Yes, family members of the primary U visa applicant may be eligible to apply for derivative U visas. In order to qualify for a derivative U visa, the family member must be the spouse, child under the age of 21, or parent of the primary U visa applicant. The family member’s eligibility for a derivative U visa is contingent upon the primary U visa applicant being approved for their U visa. Once the primary applicant’s petition is approved, family members can file their own Form I-918, Supplement A, to seek derivative U visa status. It’s important to note that each family member seeking derivative U visa status must meet the eligibility requirements and must file their own petition.
4. What documents are required to be submitted along with Form I-918?
When submitting Form I-918 – Petition for U Nonimmigrant Status (U Visa), there are several key documents that must be included to support the application. These documents help establish the petitioner’s eligibility for a U Visa and provide evidence of the crime and the petitioner’s cooperation with law enforcement. The documents required to be submitted along with Form I-918 include:
1. Form I-918 Supplement B, U Nonimmigrant Status Certification: This form must be completed by a qualifying law enforcement agency to certify the petitioner’s helpfulness in the investigation or prosecution of the qualifying criminal activity.
2. Personal statement: A detailed personal statement from the petitioner explaining the circumstances of the crime, the harm suffered, and their cooperation with law enforcement.
3. Additional evidence: Any additional evidence that supports the petitioner’s eligibility for a U Visa, such as police reports, court documents, medical records, or letters of support.
4. Filing fee: The required filing fee must be included with the Form I-918 submission unless a fee waiver request is approved.
It is crucial to review the most current version of the Form I-918 instructions provided by the U.S. Citizenship and Immigration Services (USCIS) to ensure that all necessary documents are included and the application is completed accurately.
5. How long does it take to process a U visa petition?
The processing time for a U visa petition can vary depending on various factors such as the volume of applications received, complexity of the case, and current USCIS processing times. As of the latest information available, USCIS aims to process U visa petitions within a timeframe of approximately 4 to 5 years. However, this is just an estimate and the actual processing time may be shorter or longer in individual cases. It is important to note that USCIS regularly updates processing times on their website, so applicants can check the current status of their case online. Additionally, seeking assistance from an experienced immigration attorney who is familiar with U visa petitions can help navigate the process and ensure timely submission of required documentation.
6. Is there a limit on the number of U visas that can be granted each year?
Yes, there is a cap on the number of U visas that can be granted each year. The annual limit for U nonimmigrant visas, also known as U visas, is set at 10,000. However, this cap does not apply to certain qualifying family members who may also be eligible for U nonimmigrant status. Additionally, any unused U visas from a fiscal year may be made available for allocation in the following fiscal year. It is important to note that due to the high demand for U visas, there is often a significant backlog in processing these petitions, leading to delays in approval for many applicants.
7. Can a person with a criminal record apply for a U visa?
Yes, a person with a criminal record can apply for a U visa, as having a criminal record does not automatically disqualify someone from being eligible for U nonimmigrant status. However, the nature and severity of the criminal record will be taken into consideration during the application process. Some points to consider include:
1. The U visa is specifically designed for victims of certain qualifying crimes who have suffered mental or physical abuse and are helpful to law enforcement.
2. In cases where the criminal record includes certain serious offenses, such as significant criminal convictions or a history of perpetrating crimes, it may have an impact on the eligibility for a U visa.
3. Applicants with criminal records are encouraged to disclose all relevant information about their criminal history in the application and seek guidance from legal professionals or immigration attorneys to assess their specific circumstances.
8. What is the difference between Form I-918 and Form I-918 Supplement B?
Form I-918 is the official Petition for U Nonimmigrant Status, commonly known as the U Visa, which is filed by individuals who have been victims of certain crimes and have cooperated with law enforcement in the investigation or prosecution of those crimes. On the other hand, Form I-918 Supplement B is the Declaration of Law Enforcement Officer for Victim of Trafficking in Persons, which is a supplementary form that needs to be completed by a law enforcement agency certifying that the victim has been helpful in the investigation or prosecution of qualifying criminal activity.
1. Form I-918 is the main application form for U nonimmigrant status, while Form I-918 Supplement B is an additional document that provides crucial certification from law enforcement.
2. Form I-918 focuses on the applicant’s personal information, details of the crime, and their cooperation with law enforcement, whereas Form I-918 Supplement B specifically addresses the law enforcement agency’s certification.
3. Both forms are essential components of the U Visa application process, with Form I-918 providing the applicant’s perspective and Form I-918 Supplement B offering verification and support from law enforcement authorities.
9. Can a U visa holder eventually apply for permanent residency?
Yes, a U visa holder can eventually apply for permanent residency in the United States. Here is the process they would typically follow:
1. Meet eligibility requirements: To apply for permanent residency, U visa holders must meet certain eligibility requirements, such as being physically present in the U.S. for a certain period of time and maintaining good moral character.
2. Apply for Lawful Permanent Resident Status: Once eligible, a U visa holder can apply for Lawful Permanent Resident (LPR) status, also known as a green card. This can be done through a process called adjustment of status if the individual is already in the U.S., or through consular processing if they are outside the U.S.
3. Submit the necessary documents: The applicant will need to submit various documents as part of the green card application, including Form I-485 (Application to Register Permanent Residence or Adjust Status), supporting documents, and evidence of continuing eligibility for the U visa.
4. Attend an interview: As part of the green card application process, the applicant will likely need to attend an interview with U.S. Citizenship and Immigration Services (USCIS) to discuss their application and eligibility.
5. Receive approval: If the green card application is approved, the U visa holder will become a Lawful Permanent Resident of the United States, granting them the right to live and work in the country permanently.
It is important to note that the process and requirements for obtaining permanent residency can vary, so it is advisable for U visa holders to seek guidance from an immigration attorney or qualified expert in navigating the process.
10. Can a U visa applicant apply for a work permit while their petition is pending?
Yes, a U visa applicant can apply for a work permit, also known as an Employment Authorization Document (EAD), while their petition is pending. This provision allows U visa applicants to legally work in the United States while waiting for a decision on their U visa application. Here are some key points to note regarding work permits for U visa applicants:
1. Eligibility: To apply for a work permit, the U visa applicant must have a pending Form I-918, Petition for U Nonimmigrant Status.
2. Form I-765: The applicant can file Form I-765, Application for Employment Authorization, along with supporting documents and the required fee, to request the work permit.
3. Biometrics Appointment: The applicant may need to attend a biometrics appointment to provide fingerprints and photographs as part of the application process.
4. Processing Time: The processing time for the work permit application can vary, but USCIS aims to process EAD applications within a certain timeframe.
5. Validity Period: If approved, the work permit will typically be valid for a specific period, usually linked to the status of the U visa application.
6. Employment Opportunities: With a valid work permit, the U visa applicant can seek employment in the United States and work legally for authorized employers.
7. Maintain Status: It is important for the U visa applicant to maintain their U visa eligibility requirements while holding the work permit.
Overall, applying for a work permit while the U visa petition is pending can provide the applicant with the opportunity to work legally in the U.S. while awaiting a decision on their U visa application.
11. What are the reasons for denial of a U visa petition?
There are several reasons why a U visa petition may be denied by the United States Citizenship and Immigration Services (USCIS):
1. Lack of Eligibility: Not meeting the requirements for U nonimmigrant status, such as failure to demonstrate that the applicant has suffered substantial physical or mental abuse due to being a victim of certain qualifying crimes, or not showing cooperation with law enforcement in the investigation or prosecution of the crime.
2. Insufficient Evidence: Failing to provide adequate supporting documentation to prove eligibility, such as medical records, police reports, or affidavits from law enforcement.
3. Criminal History: Having a criminal history that disqualifies the applicant from receiving a U visa, such as being convicted of a disqualifying crime or being found inadmissible to the United States for certain criminal offenses.
4. Fraud or Misrepresentation: Submitting fraudulent or misleading information in the U visa petition can lead to denial, as it undermines the integrity of the application process.
5. Failure to Comply with Requests: Not responding to USCIS requests for additional evidence or information within the specified timeframe can result in a denial of the petition.
6. Statutory Cap: The annual limit on the number of U visas that can be issued each fiscal year may lead to denial if the cap has been reached before the petition is processed.
It is essential to ensure that the U visa petition is accurately completed and supported by sufficient evidence to avoid potential reasons for denial. Applicants should seek guidance from qualified legal professionals to navigate the complexities of the U visa application process successfully.
12. Is it necessary to have a law enforcement certification to be eligible for a U visa?
Yes, it is necessary to have a law enforcement certification to be eligible for a U visa. A law enforcement certification is a crucial component of the Form I-918 petition for U nonimmigrant status (U visa) as it is used to demonstrate that the applicant has been a victim of a qualifying crime and has been, is being, or is likely to be helpful in the investigation or prosecution of that crime. The law enforcement certification must be completed by a certifying agency, such as a police department, prosecutor’s office, or other law enforcement authority, and it attests to the victim’s cooperation and assistance in the investigation or prosecution of the crime. Without this certification, an applicant may not meet the eligibility requirements for a U visa. It is important for applicants to work closely with law enforcement agencies to obtain the necessary certification to support their U visa petition.
13. Can someone who is in removal proceedings apply for a U visa?
Yes, someone who is in removal proceedings can apply for a U visa. It is possible to apply for a U visa even if an individual is in removal proceedings because having removal proceedings initiated against you does not automatically disqualify you from seeking U nonimmigrant status. However, it is important to note the following:
1. Being in removal proceedings may impact the processing of the U visa application and could potentially result in complications along the way.
2. It is advisable to inform both your immigration attorney (if you have one) and the U.S. Citizenship and Immigration Services (USCIS) about your current situation in removal proceedings.
3. Providing all necessary documentation and evidence to support your U visa application is crucial to demonstrate eligibility for the U visa.
4. In some cases, individuals in removal proceedings may be granted what is known as “deferred action” while their U visa application is being processed.
14. How long can a U visa holder stay in the United States?
A U visa holder can generally stay in the United States for up to four years from the date of approval of the U visa petition. However, it is worth noting that U visa holders may be eligible to apply for lawful permanent resident status (green card) after they have held U nonimmigrant status for a certain period of time. This can lead to more permanent residency in the U.S. Additionally, the length of stay for a U visa holder can be affected by various factors, such as any extensions granted by the U.S. Citizenship and Immigration Services (USCIS) or any changes in their circumstances that may impact their eligibility for U visa status. It is important for U visa holders to stay informed about their status and any potential changes in immigration laws that may affect their ability to stay in the United States.
15. Can a U visa holder travel outside the U.S. and come back?
Yes, U visa holders are allowed to travel outside the United States and return, but they must obtain advance parole before leaving the country. Advance parole is a travel document that allows U visa holders to re-enter the U.S. after temporary travel abroad. It is essential for U visa holders to apply for and receive advance parole before leaving the U.S. to avoid jeopardizing their immigration status. Without advance parole, a U visa holder risks abandonment of their U visa application and potential denial of re-entry into the United States. Therefore, if a U visa holder plans to travel outside the U.S., they should consult with an immigration attorney or the U.S. Citizenship and Immigration Services (USCIS) for guidance on the advance parole application process and requirements.
16. Do U visa holders have to maintain continuous physical presence in the U.S. to be eligible for adjustment of status?
Yes, U visa holders must maintain continuous physical presence in the United States in order to be eligible for adjustment of status. Specifically:
1. U visa holders must continue to reside in the U.S. to be eligible to apply for adjustment of status.
2. Any extended absences from the country may impact their eligibility for adjustment of status.
3. Maintaining continuous physical presence is a requirement to ensure that the individual meets the necessary criteria for adjusting their immigration status under the U visa program.
4. Failure to maintain continuous physical presence may result in difficulties or delays in the adjustment of status process.
17. Can a U visa holder bring their family members to the U.S. after receiving their visa?
Yes, a U visa holder can petition to bring certain eligible family members to the United States after receiving their visa. The U visa holder may be able to include their qualifying family members, such as their spouse, children, parents, and unmarried siblings under 18 years of age, in their application for derivative U nonimmigrant status. The family members must meet specific criteria to be considered eligible for derivative U visa status. Once granted, the family members can join the U visa holder in the United States and may also be eligible to apply for work authorization. It is important to carefully follow the guidelines and requirements set forth by U.S. Citizenship and Immigration Services (USCIS) when petitioning for family members to accompany the U visa holder.
18. Can someone who is undocumented apply for a U visa?
1. Yes, someone who is undocumented can apply for a U visa in the United States. The U visa is specifically designed to provide immigration protection to 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. Being undocumented does not disqualify an individual from being eligible for a U visa.
2. One of the key requirements for a U visa is that the individual must have suffered substantial physical or mental abuse as a result of being a victim of qualifying criminal activity. Additionally, the applicant must be willing to assist law enforcement in the investigation or prosecution of the crime. As long as these criteria are met, an undocumented individual can apply for a U visa without fear of their immigration status affecting their eligibility.
3. It is important to note that obtaining a U visa does not grant legal status in the United States, but it does provide a pathway to seek lawful permanent residence (a green card) after maintaining U visa status for a certain period of time. Working with an experienced immigration attorney or legal advocate who is knowledgeable about U visa requirements can help ensure a successful application process for someone who is undocumented and seeking protection under the U visa program.
19. Are there any public benefits available to U visa holders?
Yes, U visa holders are eligible for certain public benefits in the United States. These benefits may vary depending on the state and locality, but generally, U visa holders are eligible for some federal and state benefits, such as:
1. Work authorization: U visa holders are eligible to work in the United States with the employment authorization document (EAD) they receive as part of their U visa status.
2. Public assistance programs: U visa holders may be eligible for certain public assistance programs, such as temporary assistance for needy families (TANF), Medicaid, and Supplemental Nutrition Assistance Program (SNAP).
3. Housing assistance: U visa holders may qualify for certain housing assistance programs provided by state and local governments.
4. Education benefits: U visa holders may be eligible for in-state tuition rates for higher education and other educational benefits available to residents in the state where they reside.
5. Social services: U visa holders may have access to social services provided by local government agencies, such as counseling, mental health services, and victim advocacy services.
It is important to note that there may be restrictions on certain benefits based on the individual’s specific circumstances and immigration status, so it is advisable to consult with an immigration attorney or local service providers to understand the full range of benefits available to U visa holders.
20. Can a U visa holder sponsor relatives for immigration to the U.S.?
1. No, a U visa holder cannot sponsor relatives for immigration to the United States solely based on their U nonimmigrant status. The U visa is a temporary nonimmigrant visa designed for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement in the investigation or prosecution of criminal activity. As such, the U visa does not lead to permanent residency or provide a direct path to sponsoring family members for immigration to the U.S.
2. However, once a U visa holder obtains lawful permanent resident status (Green Card) through adjustment of status after meeting the eligibility requirements, they may be able to sponsor certain family members for immigration benefits. This includes spouses, children, parents, and unmarried siblings under specific conditions. It is important to consult with an immigration attorney or accredited representative for guidance on the sponsorship process and eligibility requirements for family-based immigration once the U visa holder becomes a permanent resident.