U Visa: Immigration Relief for Survivors of Domestic Violence and Other Crimes

This visa allows undocumented victims of certain crimes in the US to come forward. They can report crimes without fear of being deported. To qualify, the victim must collaborate with law enforcement agencies. For example, making a police report. Another example is participating in criminal prosecution.

Who qualifies for a U Visa to the United States?

You may qualify if:

1) You were a victim of one of these crimes:

• Domestic violence
• Rape or sexual assault
• Trafficking
• Torture
• Abusive sexual contact;
• Prostitution
• Incest
• Sexual exploitation
• Peonage or debt servitude
• Being held hostage
• Female genital mutilation
• Involuntary servitude
• Kidnapping or abduction
• False imprisonment
• Blackmail or extortion
• Felonious assault
• Perjury
• Obstruction of justice
• Murder or manslaughter
• Fraud in foreign labor contracting
• Slave trade
• Stalking
• Witness tampering
• Unlawful criminal restraint
• Other related crimes where the elements of the crime are substantially similar.
• Attempt to commit, conspiracy, or solicitation to any of the above.

2) You have suffered substantial physical or mental abuse as a victim, and you are a victim of one of these crimes.

3) You have information about that crime.

4) You have already helped, are helping, or would help police in the investigation or prosecution of the crime.

5) The crime happened in the U.S. or in a U.S. territory, possession, or military installations abroad.

6) You are admissible to the United States. If you are not admissible, you may be eligible to apply for a waiver. This is a complex legal issue. If this applies to you, you should talk to a lawyer. They can help you understand any grounds that may disqualify you. Some common grounds are:

• Entry without inspection
• Previous unlawful presence, and multiple entries and exits
• Prior removal from the United States
• Fraud or willful misrepresentation
• False claim to U.S. citizenship
• Smuggling, which may include bringing your family to the U.S.

Risks and benefits

Benefits:

• If your U Visa is approved, after three years you may be eligible to apply for a green card. The U Visa provides a pathway to citizenship.
• You may be able to include close family members as derivatives. This means they can also benefit from your U Visa.
• While your U Visa is pending, you may be eligible for certain public benefits.

Risks:

• Suppose your U Visa is denied and you have no lawful status. You may be placed in deportation proceedings or deported . See the USCIS Notice to Appear (NTA) Memo.

VOICES Act Certification

U visa certification shows your willingness to participate with law enforcement in their investigation. All U visa applications must be certified. This can be by a local law enforcement officer, judge, or other official. The certification form is called Form I-918, Supplement B. The Illinois VOICES Act requires local officials to respond to requests for certification. It also provides recourse for victims of qualifying crimes. This is only for people who are wrongly denied certification.

A U Visa application certified by a local official doesn't guarantee USCIS will grant your U visa application.

Complete a U visa certification.

Illinois residents may file their U visa application here:

USCIS Vermont Service Center

Attn: 1-918

38 River Road

Essex Junction, VT 05479-0001

Suppose a certifying agency denies your application. You are entitled to know why. You may also appeal a denial decision.

Please note that there is a large backlog of U visa applications because only 10,000 can be granted per year. The waiting time to get a U visa is often several years. It is important to consult with an attorney who can help guide you through the process and make sure your application is accurate and complete to avoid additional delays.

For more information and help

To find out more about filing for a U visa, you can visit How to file for a U-1 Visa for victims of crimes.

Here are some organizations in Chicago. They can help you fill out the U-Visa application:

• National Immigrant Justice Center (312) 660-1370
• Legal Aid Chicago (312) 341-9617
• Lifespan Center for Legal Services and Advocacy (312) 408-1210
• World Relief Chicago (773) 583-3010
• Legal Aid Society (312) 986-4200

Learn more on these websites:

• Visit the USCIS website 
• U-Visa Laws for Crime Victims: This website provides detailed information on the benefits and the process for obtaining a U-Visa
• U-Visa is a non-immigrant status for crime victims (Spanish/Polish/French)