What You Need to Know About a U Visa

The U visa, otherwise known as a nonimmigrant status visa, is a special visa that is set aside for those who have suffered as victims of certain and particular types of criminal activity. Eligible victims of such crimes are those who have suffered mental and/ or physical abuse or are immediate family members of those abused who are additionally willing and able to assist authorities in the investigation.

What Does a U Visa Do for Victims of Criminal Abuse?

The U visa, once approved, can be used as a pathway to citizenship within the United States. Once an application has been successfully accepted, the person is then given lawful immigration status in the United States. This temporary permanent resident status is then valid for four years.

After three years, a person may apply for Green card eligibility by speaking with their attorney. Benefits of a U visa for victims include:

• Temporary immigration status with work authorization
• Temporary immigration status for qualifying family members
• The possibility of attaining lawful permanent residence status

Various Processing Times

From the time of application to the receipt of a U visa can take anywhere up to ten years, or even longer, depending on the evidence presented and the details of the case in question. U visa processing times are heavily dependent on the details of the case in question, along with the numerous additional factors that determine how long you are going to have no legal status.

Currently, applications average about six years to be approved, and while this is no guarantee, it does give an indication of the intricacy of the entire process and what it involves.

U Visa Eligibility Criteria

In order for a person to be eligible for a U visa, certain eligibility criteria need to be met first. The individual applying for a U visa must have sustained substantial physical or mental abuse and hardships by way of criminal activity conducted within the borders of the United States of America. 

Furthermore, victims of such abuse must be willing to cooperate with the relevant authorities and law enforcement in the investigation and prosecution of the crime in question. The applicant in question must also be admissible in the United States or have eligibility for a waiver of inadmissibility.

There is no requirement stating that applicants need to be of lawful status in the United States for an application to be valid. This means that both documented and undocumented persons are eligible for a U visa application. There is a requirement that the person applying must be within the borders of the United States at the time of their application. 

It is worth noting that while a person is waiting for their U visa application to be processed and approved, they do not yet have work authorization, nor do they have legal status within the United States. Applicants can, however, apply for work authorization while their application is pending, easing some of the pressures of remaining in a foreign country. Fortunately.