How Long Is the U-Visa Valid For? | New Frontier Immigration

What Is a U-Visa?

A U-Visa is a non-immigrant status visa for victims of crimes in the United States. Those who receive this visa are willing to assist law enforcement or the government in investigating or prosecuting criminal activity.

U-Visa recipients also receive a work permit to continue supporting themselves during this time.

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What Are Qualifying Crimes To Receive a U-Visa?

To qualify for a U-Visa, you must be the victim of a qualifying crime and willing to help law enforcement officials stop criminal activity. These crimes include:

Abduction
Being held hostage
Blackmail
Domestic violence
Extortion
False imprisonment
Felonious Assault
Female Genital Mutilation
Fraud in Foreign Labor Contracting
Incest
Involuntary Servitude
Kidnapping
Manslaughter
Murder
Obstruction of Justice
Peonage
Perjury
Prositution
Rape
Sexual Assault
Sexual Exploitation
Slave Trade
Stalking
Torture
Trafficking
Unlawful Criminal Restraint
Witness Tampering

An important note is that even the attempt or conspiracy to commit any of these crimes may provide eligibility. However, even if you are a victim of one of these crimes, it doesn’t mean you will automatically qualify for a U-Visa. There are certain other qualifying factors you must meet.

What Are the Requirements To Qualify for a U-Visa?

In addition to being a victim of a qualifying crime, the other requirements to qualify for a U-Visa include:

The crime took place in the United States
You have information about the crime
You are cooperating with the investigation and helping law enforcement
You suffered physical or mental harm from the crime
You don’t have a criminal background that would prevent you from receiving status, although you could apply for a waiver if you do.

These qualifying factors are outlined on the U.S. Citizenship and Immigration Services (USCIS) website.

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How Do You Apply for a U-Visa?

There are several steps you must take to apply for a U-Visa. If you are outside of the United States, according to the U.S. Department of State, these steps include:

Complete the online visa application by completing Form DS-160 and uploading your photo
If outside the United States, you must schedule an interview with the U.S. Embassy or Consulate by completing Form I-797.
Pay the non-refundable visa application fee
Gather documentation such as your passport, forms, and receipts
Attend your interview

If you are inside the United States, these steps include:

Complete the I-918, Supplement B. This will need to be signed by a law enforcement agency to certify your assistance with the police. After the I-918, Supplement B is signed, there is a six month expiration date to file the Form I-918
Gather documentation such as your passport, forms, and receipts
Complete the visa application by completing Form I-918
Attend your interview

You still might not receive a U-Visa after completing the process, but an attorney from our firm can guide you through the process and help you take the necessary steps to submit a complete application.

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Can You Get a Green Card With a U-Visa?

A non-immigrant U-Visa can lead to receiving a green card, given that you meet certain requirements. These requirements include:

You were physically present in the U.S. for at least three consecutive years
You have provided assistance to law enforcement since gaining your U-Visa

After applying for an adjustment of your status, it could take some time to process your green card. You may also be able to apply on behalf of certain family members.

What Happens if Your U-Visa Expires?

You must file Form I-539 to extend your U-Visa in order to remain in the United States legally beyond four years. You will likely be asked to submit evidence along with your completed form, which our firm can help you gather.

Unless you receive approval for an extension, you must depart the United States on or before the expiration date of your visa or risk being out of status.

Can You Travel Outside the United States With a U-Visa?

Yes, you can travel outside the United States with a U-Visa, but you must undergo consular processing at a U.S. Embassy in the country you travel to in order to return. This process can take time.

A lawyer from our firm can explain what you must do in more detail.

Contact Our Firm About the U-Visa Process Today

If you or someone you love is the victim of a crime and you are willing to assist law enforcement as they conduct an investigation, you may qualify to receive a U-Visa to stay in the United States for four years.

Our law firm can help you and your family through the U-Visa application process. We will work for a fair end result in your case and treat you with respect. Contact New Frontier Immigration Law today for a strategic session.