IN today’s column, we will address U nonimmigrant status, commonly known as the “U visa.” This temporary immigration status may be available to a domestic violence victim who is not married to the abuser, or if the abuser is not a U.S. citizen or lawful permanent resident (green card holder).
It is very important to remember that the information below is not a substitute for legal advice. Assessing U visa eligibility and procedural requirements as well as the current risks to applying for a particular individual can be very complex, so it is critical that you consult with an experienced, trustworthy immigration attorney before proceeding with any application.
U Nonimmigrant Status (“U visa”) is a visa or a form of temporary legal status created by federal law that allows non-citizens who have been victims of certain crimes to stay in the country lawfully and eventually obtain a green card.
The basic requirements for a U visa are:
1) The immigrant is a victim of certain specified crimes that violate United States law;
2) The immigrant suffered substantial physical or mental abuse because of the crime; and
3) The immigrant cooperated with law enforcement and assisted in the investigation or prosecution of the crime.
In addition to domestic violence, these specified crimes include, but are not limited to, rape, torture, trafficking, incest, sexual assault, kidnapping, abduction, false imprisonment, manslaughter, and murder.
To apply for a U visa, you must first obtain a “law enforcement certification” before filing an application. A law enforcement certification is a document that must be completed and signed by a federal, state, or local law enforcement agency, or a prosecutor, judge, or other authority that is responsible for the investigation of the crime. Some examples of possible certifying agencies include the police, child protective services, and the district attorney’s office. The signed certification is proof that you have been helpful in the investigation or prosecution of the crime. Once you obtain the certification, it is valid for six months and you will need to file the U visa application within that period to use that certification in your application.
In addition to obtaining legal status in the United States, a U visa holder is eligible for public benefits such as food stamps and Medi-Cal, a work permit, and can later apply for a green card. A U visa applicant may be able to include certain family members on his or her application.
U visa status is good for up to four years. In certain situations, you may be able to ask for an extension on your U visa status. After three years, the U visa holder is eligible to apply for adjustment of status (green card).
If you have questions about your situation or need legal assistance, please contact Advancing Justice – L.A’s Tagalog helpline at 855-300-2552.
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Lou Marie Reyes is a community legal advocate at Asian Americans Advancing Justice – Los Angeles. She joined the organization in February 2018 and staffs the Tagalog helpline, which prioritizes in-language assistance to the local Filipino community. Ms. Reyes works alongside Advancing Justice – LA’s attorneys that specialize in family law, domestic violence, citizenship and immigration, and employment law.
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