The U visa is a nonimmigrant visa available to individuals who have suffered physical or mental abuse as a result of certain crimes, and who have been helpful, are being helpful, or are likely to be helpful in the investigation or prosecution of the criminal activity. To be eligible for a U visa, an individual must have suffered substantial physical or mental abuse as a result of being a victim of one of the qualifying crimes listed in the U visa regulations. These crimes include, but are not limited to, domestic violence, sexual assault, trafficking, and torture.
To apply for a U visa, an individual must first obtain a certification from a law enforcement agency, prosecutor, judge, or other relevant authority indicating that they have been helpful, are being helpful, or are likely to be helpful in the investigation or prosecution of the qualifying criminal activity. The individual must also provide evidence of the abuse they suffered as a result of the crime.
If approved, a U visa allows the individual to remain in the United States for up to four years, and may also allow them to apply for work authorization and eventually apply for a green card. U visas are also available to certain family members of the victim, including spouses, children, and parents.
It is important to note that there is a cap on the number of U visas that can be granted each year, and there is currently a significant backlog of U visa applications. As such, it is important to consult with an immigration attorney to determine if you are eligible for a U visa and to ensure that your application is properly prepared and submitted.