Once it is in fact established that an individual is a victim of a qualifying crime, the applicant must establish that he or she was helpful in the criminal investigation. In order to prove this, the applicant must provide a police report regarding the qualifying crime. In addition to this, the applicant must also obtain a signature from a law enforcement officer on Form I-918 Supplement B. Law enforcement’s signature on this form certifies that the victim helped in the investigation of the crime. We provide services to assist you in obtaining the signature from law enforcement on the I-918 Supplement B.

The applicant also must prove that he or she suffered substantial physical or psychological harm as a result of being a victim of the qualifying crime. In order to prove that there was such harm, the applicant must provide copies of medical records for any medical treatment received in connection with the crime, photographs of injuries, and/or an evaluation from a psychologist.

Along with the U-Visa application, individuals will also need to file an I-192 waiver. This waiver will forgive illegal or unlawful presence in the United States, multiple illegal entries to the United States, and certain criminal convictions. The filing fee for the waiver is $930. There is no filing fee for the U-Visa Application.

We have helped many people who were victims of a crime and wished to adjust their status with immigration. A U-Visa is known as the process in which victims of violent crimes are eligible to adjust their status. The Victims of Trafficking and Violence Protection Act of 2000 allows victims of violence to change their immigration status within the United States when complying with certain requirements. The TVPA, and later TVPRA, also permits the U-Visa holder to become a lawful permanent resident after three years of continuous physical presence and when they have not unreasonably refused to provide assistance to law enforcement since receiving the U-Visa.

Depending on at what age the U-Visa application is filed; certain qualifying family members are eligible to be a derivative in the U-Visa. The persons who qualify for derivative U-Visas are:
– Spouse if the applicant is 21 years of age or older
– Children under the age of 21
– Parents if the applicant child is under 21 years old
– Unmarried siblings under 18 years of age if the applicant sibling is under 21 years of age

There is also a limit on how many U-Visas can be granted per year and that number is 10,000. With that being said, there is no limit or cap for family members deriving status from the principal applicant, such as spouses, children, or other eligible family members.

If the cap is reached before all U nonimmigrant petitions have been adjudicated, USCIS will create a waiting list for any eligible principal or derivative petitioners that are awaiting a final decision and a U visa. Petitioners placed on the waiting list will be granted deferred action or parole and are eligible to apply for work authorization while waiting for additional U visas to become available.

Once additional visas become available, those petitioners on the waiting list will receive their visa in the order in which their petition was received. Petitioners on the waiting list do not have to take any additional steps to request the U visa. USCIS will notify the petitioner of the approval and the accompanying U visa.