How to apply for the U Visa, reserved for victims of criminal acts

How to apply for the H-2B visa to work in the US 2:19

(CNN Spanish) -

The U visa, the non-immigrant status reserved for victims of criminal acts, was established in 2000 after the approval of the Law for the Protection of Victims of Trafficking and Violence in order to detect, investigate and prosecute cases of domestic violence, sexual abuse, trafficking in foreigners and other crimes;

as well as offering protection to victims.

The number of people who obtain the U visa per year cannot exceed 10,000.

However, the beneficiary's family members who qualify for a derivative U visa do not count toward this annual limit.

• How to apply for an H-2B temporary work visa in the United States

According to the United States Citizenship and Immigration Services (USCIS), the U visa approval rate is approximately 84% and 83% for derivatives.

However, by the end of 2019 there were around 152,000 pending petitions and 104,000 pending petitions for family members, which is why currently the waiting time to receive a final decision is between 5 and 10 years.

Application process

The beneficiary must submit Form I-918 along with supplement A or B, as appropriate.

You will also need to submit a personal statement describing the criminal activity of which you were the victim, supporting evidence, and any resulting requests for family members.

To be eligible for a U visa, a person must meet certain eligibility requirements.

According to USCIS, the petitioner must:

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Establish that you are a victim of Qualified Criminal Activity (QCA).

Have suffered substantial physical or mental harm as a result of the qualifying criminal activity.

Be able to provide credible and reliable information on qualified criminal activity.

Was helpful, is helping, or is likely to assist law enforcement agencies in the investigation or criminal prosecution of the crime.

The crime occurred in the United States or violated the laws of the country

You are eligible for admission to the United States.

A person may be deemed inadmissible for reasons of health, criminal activity, national security, lack of labor certification (if required), fraud and false statements, prior removals, illegal presence in the United States, and various miscellaneous categories, specified in a USCIS document.

If there is an inadmissibility issue, you will need to file Form I-192.

Certification by the authorities

As mentioned above, in order for an immigrant to qualify for the U visa, they must obtain and submit to USCIS a certification of their assistance to law enforcement during the detection, investigation, or prosecution of the crime.

Specifically, a law enforcement agency (LEA) must complete the "U Nonimmigrant Status Certification" (Form I-918, Supplement B) attesting to the survivor's assistance.

"Without certification of compliance with the law, a petition for U nonimmigrant status cannot be granted," says the Immigrant Legal Resource Center (ILRC).

Immigration attorney Noemí Ramírez told CNN that the agencies (LEA) are not required by federal law to complete or sign the form on behalf of the victims as the certification is voluntary, even if the applicants are assisting in the investigation or prosecution. and qualify for U status.

"You not only have to be a victim of some crimes on the list, you have to have cooperated with the authorities, you have to have the certification and show that there was suffering, whether emotional, psychological or physical as a result of the crime," said Ramírez.

However, Ramirez indicated that there are state laws, such as in California, which stipulate that the authorities have to offer the certification within 30 days after the request or within 7 days after, if the person is under deportation proceedings. .

"The reality depends on the county, county there are certain counties that are friendly they want to do it, there are others that definitely say 'No, we don't do it here.' Especially for states that do not have any law that has passed forcing them to sign because there is discretion of them and they can say no, I don't want to sign it and they don't, "said Ramírez.

Why are requests rejected

According to USCIS, the most common reasons why a U visa application is rejected are: missing or insufficient evidence, inadmissibility, abandonment of the petition, the petitioner did not prove to have been the victim of a qualifying criminal activity, and did not prove to have suffered harm. substantial.

Employment authorization to petitioners

In June, USCIS announced a new rule to grant work permits and deferred action to U visa applicants while they await resolution of their cases.

To be considered, USCIS stipulates that the request must be considered in "good faith", therefore "it must include a certification from the police indicating that the petitioner was a victim of a crime and that the victim has been, is being or is probable that is helpful in the investigation or prosecution of this crime. "

The agency considers a request to be in good faith when:

Lead petitioner correctly filed Form I-918, including Form I-918B.

The main petitioner submitted a personal statement describing the facts of the victimization.

The biometric results of the main petitioner were received.

The agency will grant a deferred action and employment authorization to the petitioner if, after conducting and reviewing background checks, it is determined that they deserve an exercise of favorable discretion and that they do not pose a risk to national security or public safety.

This new rule applies to all Form I-918 and Form I-918A petitions that are currently pending or that were filed as of June 14, 2021.

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