What is a U Visa?

A U-visa is a nonimmigrant visa classification created under the Victims of Trafficking and Violence Protection Act of 2000. It is designed to provide lawful status to noncitizen victims of certain crimes who have suffered substantial physical or mental abuse and have been helpful, are being helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of those crimes . A U-visa may lead to Lawful Permanent Status. 8 USCS § 1101, Tovar v. Zuchowski, 950 F.3d 581, Morales v. Barr, 973 F.3d 656, Hyoun Kyung Lee v. Holder, 599 F.3d 973. The purpose of the U-visa is to encourage victims to report crimes and assist law enforcement without fear of deportation, thereby strengthening the ability of law enforcement to detect, investigate, and prosecute criminal activity . People v. Flores, 217 A.D.3d 29, § 214.14 Alien victims of certain qualifying criminal activity.

Eligibility Criteria for a U-Visa

To qualify for a U-visa, an applicant must meet the following substantive criteria:

1. Victim of a Qualifying Crime: The applicant must have been a victim of certain statutorily designated crimes, such as sexual assault, domestic violence, trafficking, felonious assault, or other serious offenses. The crime must have occurred in the United States or violated U.S. laws . 8 USCS § 1101, Morales v. Barr, 973 F.3d 656, People v. Flores, 217 A.D.3d 29, § 214.14 Alien victims of certain qualifying criminal activity., United States v. Salgado-Martinez, 480 F. Supp. 3d 1032.

2.   Substantial Physical or Mental Abuse: The applicant must demonstrate that they suffered substantial physical or mental abuse as a result of the qualifying criminal activity . Morales v. Barr, 973 F.3d 656, People v. Flores, 217 A.D.3d 29, United States v. Salgado-Martinez, 480 F. Supp. 3d 1032.

3.   Possession of Information: The applicant must possess credible and reliable information about the qualifying criminal activity . Morales v. Barr, 973 F.3d 656, People v. Flores, 217 A.D.3d 29, United States v. Salgado-Martinez, 480 F. Supp. 3d 1032.

4.   Helpfulness to Law Enforcement: The applicant must have been helpful, is being helpful, or is likely to be helpful to law enforcement, prosecutors, or other authorities in the investigation or prosecution of the crime. This requirement includes obtaining a certification from a law enforcement agency confirming the applicant’s helpfulness . Morales v. Barr, 973 F.3d 656, People v. Flores, 217 A.D.3d 29, § 214.14 Alien victims of certain qualifying criminal activity., United States v. Salgado-Martinez, 480 F. Supp. 3d 1032, 8 USCS § 1184.

5.   Admissibility: The applicant must be admissible to the United States. However, certain grounds of inadmissibility may be waived under specific provisions, such as 8 U.S.C. § 1182(d)(14) or § 1182(d)(3) . United States v. Salgado-Martinez, 480 F. Supp. 3d 1032.

6.   Jurisdiction and Discretion: The U.S. Citizenship and Immigration Services (USCIS) has sole jurisdiction over U-visa petitions, and the decision to grant a U-visa is discretionary . Morales v. Barr, 973 F.3d 656, § 214.14 Alien victims of certain qualifying criminal activity., J.M.O. v. United States, 3 F.4th 1061, Chavez-Romero v. United States AG, 817 Fed. Appx. 919.