If you or your loved ones have been a victim of crime and would like to find out more about how to qualify for a U Visa, please contact us:
U Non-immigrant Status, Victims of Criminal Activity
The U non-immigrant status (U visa) is for crime victims who have suffered substantial mental or physical abuse and have assisted law enforcement and government agencies in the investigation and prosecution of criminal activities.
Qualified applicants will receive a legal non-immigrant status for four years and are eligible for permanent residence (green card) after three years of continuous residence in the US.
I. To become eligible for u non-immigrant status, one must meet four statutory requirements:
1. The individual must have suffered substantial physical or mental abuse as a result of having been a victim of a qualifying criminal activity.
2. The individual must have information concerning that criminal activity.
3. The individual must have been helpful, is being helpful, or is likely to be helpful in the investigation or prosecution of the crime.
4. The criminal activity violated U.S. laws
II. The qualifying criminal activities are:
Abduction; Abusive Sexual Contact; Blackmail; Domestic Violence; Extortion; False Imprisonment; Genital Female Mutilation; Felonious Assault; Hostage; Incest; Involuntary Servitude; Kidnapping Manslaughter; Murder; Obstruction of Justice; Peonage; Perjury; Prostitution; Rape; Sexual Assault; Sexual Exploitation; Slave Trader; Torture; Trafficking; Witness Tampering; Unlawful Criminal Restraint; Other Related Crimes.
III. The Procedural requirements are:
IV. Fee for Applying for U Non-immigrant Status:
There is a filing fee for applying. Applicants for U non-immigrant status may request a fee waiver by submitting a Request for Fee Waiver, Form I-912 (or a written request).
V. U Visa Certification
A petition for U non-immigrant status must provide a U Visa Certification (Form I-918, Supplement B), from a U.S. law enforcement agency that demonstrates the petitioner "has been helpful, is being helpful, or is likely to be helpful" in the investigation or prosecution of the criminal activity.
In Oregon, U Visa Certifications are typically obtained from DA's Offices and police departments. Currently it takes about 8 weeks for Washington County DA's office to issue a certification.
VI. Certifying Agency
Certifying agencies can be Federal, State or local law enforcement agencies, prosecutors, judges or other authority that investigates or prosecutes criminal activity. Other agencies such as child protective services, the Equal Employment Opportunity Commission, and the Department of Labor also qualify as certifying agencies since they have criminal investigative jurisdiction within their respective areas of expertise.
The information on this website is for informational purpose only. It is not legal advice. This website may be considered advertising under Oregon State Bar rules. You should not make hiring decisions solely based on advertisement.