Qualifying Criminal Activities include:

• Abduction
• Abusive Sexual Contact
• Blackmail
• Domestic Violence
• Extortion
• False Imprisonment
• Female Genital Mutilation
• Felonious Assault
• Fraud in Foreign Labor Contracting
• Hostage
• Incest
• Involuntary Servitude
• Kidnapping
• Manslaughter
• Murder
• Obstruction of Justice
• Peonage
• Perjury
• Prostitution
• Rape
• Sexual Assault
• Sexual Exploitation
• Slave Trade
• Stalking
• Torture
• Trafficking
• Witness Tampering
• Unlawful Criminal Restraint
• Other Related Crimes*†

*Includes any similar activity where the elements of the crime are substantially similar.

†Also includes attempt, conspiracy, or solicitation to commit any of the above and other related crimes.

To qualify for a U visa, a victim must submit a signed certification from a law enforcement official. This certification (known as USCIS Form 1-918, Supplement B, U Nonimmigrant Status Certification) is evidence in support of the petition to USCIS for U nonimmigrant status.

The following law enforcement authorities are eligible to complete the USCIS Form 1-918, Supplement B, U Nonimmigrant Status Certification:

• Any federal, state, or local law enforcement authority (including prosecutors and judges) that has responsibility for the detection, investigation, prosecution, conviction, or sentencing of qualifying criminal activity.
• If more than one qualifying law enforcement authority is involved in the case, such as a federal agency or a local agency, any one of them may complete the certification. The law enforcement authority that completes and signs the certification will be considered the “certifying agency” and, therefore, the point of contact for USCIS should any questions about the certification arise.
• Law enforcement authorities with criminal investigative jurisdiction in their respective areas of expertise, including but not limited to child protective services, the Equal Employment Opportunity Commission, and the Department of Labor may also complete the certification.

NOTE: The certification by itself does not grant any immigration benefit. USCIS reviews all of the evidence submitted along with the certification to determine whether a victim is eligible for a U Visa. USCIS also conducts a thorough background check of each U visa petitioner (as well as each included family member).

Remember that you, the applicant, must submit proof that you have suffered substantial physical or mental abuse. A psychological exam is strongly recommended.

If approved, the U visa provides the victim with:

• temporary immigration status
• work authorization;
• temporary immigration status for qualifying family members of the victim; and
• the possibility of lawful permanent resident status, i.e., a Green Card.

Derivative Beneficiaries, i.e.; Family Members

U Visa applicants are permitted to include derivative beneficiaries such as their spouse, children, and parents. This means that these family members can receive nonimmigrant status along with the qualifying family member.

Certain U nonimmigrants (U Visa holders) may become lawful permanent residents (obtain a Green Card). To qualify for a Green Card, as a crime victim, the applicant must have U nonimmigrant status and must also meet certain eligibility requirements.

Derivative beneficiaries may apply to adjust status with the principal beneficiary or may file an application before or after the U-1 nonimmigrant files for adjustment of status. Derivative beneficiaries may also apply to adjust status even if the U-1 nonimmigrant never files his or her or their own Form I-485.

Green Card Eligibility for U Visa Holders:

To be eligible for a Green Card based on U-1 nonimmigrant status, you must meet the following requirements:

• You properly file Form I-485, Application to Register Permanent Residence or Adjust Status;
• You were lawfully admitted in U-1 nonimmigrant status;
• You are in U-1 nonimmigrant status at the time you file your Form I-485;
• You have been physically present in the United States for a continuous period of at least three years since you were admitted as a U-1 nonimmigrant. You must have at least three years of continuous presence at the time you file your Form I-485 and must continue to be physically present through the date that USCIS makes a decision on your adjustment application;
• You have not unreasonably refused to provide assistance in the investigation or prosecution of the qualifying criminal activity, starting from when you were first admitted as a U-1 nonimmigrant through the date that USCIS makes a decision on your application;
• You are not inadmissible under INA section 212(a)(3)(E);
• Your presence in the United States is justified on humanitarian grounds, to ensure family unity, or is in the public interest; and
• You merit a favorable exercise of discretion (see Discretionbelow).

If you are adjusting status based on U nonimmigrant status, you are not generally required to be admissible to the United States. However, if you have participated in Nazi persecution, genocide, or the commission of any act of torture or extrajudicial killing, you are inadmissible under INA 212(a)(3)(E) and you are ineligible for a Green Card. USCIS cannot waive this ground of inadmissibility or provide any other form of relief for this ground of inadmissibility.

Adjustment of status based on U nonimmigrant status is not an automatic benefit, so you bear the burden of showing that USCIS should use its discretion to approve your adjustment of status application. When making a discretionary decision on your application, USCIS will take into account all factors, including those acts that would otherwise make you inadmissible.

U Visas are denied for failure to submit the signed and completed law enforcement certification; failure to submit satisfactory evidence; inadmissibility bars and failure to properly complete the application. Contact us to avoid all of these issues.