US' U non-immigrant visa: What are they, who qualifies for this rare visa category- Explained

The U nonimmigrant visa, or U visa, offers a rare legal pathway for noncitizens in the United States who have been victims of serious crimes and are willing to assist law enforcement. With the fall in public reporting due to immigration fears, this humanitarian provision has become a crucial tool in strengthening public safety while offering victims the chance to secure lawful status and eventually, permanent residency.

Established under the Victims of Trafficking and Violence Protection Act of 2000, the U visa serves two primary goals: encouraging undocumented or vulnerable victims to come forward and aiding US authorities in investigating or prosecuting serious crimes.

To qualify, an applicant must demonstrate that they suffered substantial physical or mental abuse as a result of a qualifying criminal activity. These crimes include domestic violence, sexual assault, human trafficking, kidnapping, torture, witness tampering, involuntary servitude, felonious assault, and obstruction of justice, among others.

The applicant must also possess credible information about the criminal activity and must have been, or be willing to be, helpful to law enforcement or prosecutors handling the case.

Crucially, the crime must have occurred within the US or violated US laws. In addition, the applicant must submit a law enforcement certification, Form I-918, Supplement B, which confirms their cooperation with the authorities.

Application Process:

To apply for a U visa, the individual must file:

• Form I-918, Petition for U Nonimmigrant Status

• Form I-918, Supplement B (signed by law enforcement)

• A personal statement detailing the criminal event

• Documentary evidence of harm and cooperation

In some cases, eligible family members may also be included:

• For applicants under 21: spouse, children, parents, and unmarried siblings under 18

• For those 21 or older: only spouse and children

Timelines and Benefits:

Each fiscal year, only 10,000 U visas are granted to principal applicants, excluding family derivatives. As a result, applicants often face years-long waits due to heavy backlogs.

Once approved, a U visa grants legal status in the US for up to four years. Recipients can apply for work authorisation, may access certain state benefits, and after three continuous years of presence, can pursue permanent residency (a green card) under specific conditions.

Grounds for Denial:

The U visa petition may be rejected if the applicant:

• Fails to prove the crime qualifies

• Does not cooperate with law enforcement

• Cannot secure the signed Supplement B form

• Submits inconsistent or fraudulent information

• Poses a security or criminal risk to the United States