Report the crime to the Police or the prosecutor’s office. Before applying fora U-Visa we must submit a “certificate of helpfulness” signed by a law enforcement officer. This document informs USCIS that you have, in fact been a victim of a crime or cooperated with the police.In order to get this certification, the law enforcement officers must attest that the applicant was a victim of a qualifying crime and has been or is likely to be helpful to an investigation or prosecution of the crime.We will need a case number or the police report to request this certificate. Once the certificate of helpfulness is signed by law enforcement, we have 6 months to file your U-Visa application with USCIS.
Sexual crimes: rape, incest, sexual trafficking, sexual assault and abusive sexual contact, prostitution, sexual exploitation, and female genital mutilation.
Violent crimes: murder, manslaughter, vehicular homicide, robbery, felonious assault (usually involves the use of a deadly weapon, and can include statutory rape and other offenses), and domestic violence, stalking.
Enslavement crimes: criminal restraint, kidnapping, abduction, being held hostage, forced labor, slavery, human trafficking, indentured or debt servitude, and false imprisonment.
Obstruction of justice crimes: perjury, witness tampering, withholding evidence.
Fraud in foreign labor contracting. The crime need not have been “completed” in order for it to qualify, for example, a victim of attempt, conspiracy or solicitation to commit murder may qualify for a U-visa
An applicant must prove that they have suffered “substantial” physical injury or mental anguish” as a result of this criminal activity and must provide evidence such as:
● Medical records
● An Affidavit detailing the physical or mental harm suffered,
● Statements from treating physicians and therapists
● Psychological Evaluations
● Photographs of physical injuries, and
● Affidavits or Reports from social workers
Certain family members may be eligible to become derivative U visa recipients if the principal applicant’s application is approved. These include:
● Unmarried children under age 21
● Parents (if principalpetitioner is under age 21), and
● Unmarried siblings under 18 years old (if principal petitioner is under age 21).
A separate application, Form I-918, Supplement A, Petition for Qualifying Family Member of U-Visa Recipient, must be filed along with the principal applicant’s own petition or after the principal applicant’s U-vVsa is approved. Any derivative relatives must also be “admissible” to the U.S. (or apply for a waiver) and have good moral character. (The "public charge" ground of inadmissibility doesn't apply to derivative family members, either.)
Yes, If you were the victim of a crime inside the United States and were deported or left the United State you may still be eligible for a U visa, and you can start the application while outside of the U.S. An individual can apply for a U visa from within the U.S. or abroad at a U.S. consulate.
Yes. Once you are approved for a U visa, you will be granted legal status in the U.S. for up to four years. Once you have held your U visa for three years, you may be eligible to apply for legal permanent residence (a "green card").
recruitment, transportation, transferring, harboring, or receiving of a person.
Prostitution, pornography, violence and sexual exploitation, forced labor, involuntary servitude, debt bondage, or slavery adult victims of human trafficking must prove that the crime involved at least one element from each of the above three. Child victims of human trafficking need only show an element from the Process and Goal categories. They do not need to show that they were coerced or threatened since they have not reached the age of consent so children cannot consent to be trafficked.
Yes, Immediate Family members can be Derivatives of your U-Visa.
Yes, you may apply for a green card after 3 years of being approved and admitted for a T-Visa or after the Law enforcement agency finishes their investigation, whichever is sooner.