This is continuations of the 2 parts articles on U Visas for Victims of Crime. The U Visa non-immigrant status is set aside for the victims of crime who have suffered substantial mental and physical abuse and are willing to assist law enforcement authorities investigating those crimes.
In part I of the article, we provided detailed information as to who qualifies for U non-immigrant procedure to request U status and other details. In this part we continue additional information relating to U Visas and related issues.
Q: Can Family Members of the Petitioner Receive U Nonimmigrant Status?
A: Family members who accompany the petitioner can, under certain circumstances obtain a U nonimmigrant derivative visa. The U nonimmigrant visa principal must petition on behalf of qualifying family members.
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If the principle of petitioner is… |
Then… |
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Under 21 years of age |
They may petition on behalf of spouse, children, parents and unmarried siblings under age 18. |
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21 years of age or older |
They may petition on behalf of spouse and children |
The principal petitioner needs to file a Form I-918, Supplement A, Petition for Qualifying Family Member of U-1 Recipient, on behalf of their qualifying family members.
Q: Can an Individual Who Has Held U Nonimmigrant Status Eventually Apply for a Green Card (Permanent Residence)?
A: Yes.
- The individual must have been physically present in the United for a continuous period of at least three years since the date of admission as a U nonimmigrant,
- The individual must not have unreasonably refused to provide assistance to law enforcement since receiving a U nonimmigrant visa.
- The certifying agency must determine that the individual’s continued presence in the country is justified on humanitarian grounds to ensure continuation of a cohesive family, or is otherwise in the national or public interest.
Q: Can Qualifying Family Members Apply for Permanent Residence (a Green Card)?
A: Yes. There are two ways family members of a U nonimmigrant visa holder can apply for a green card. First, family members who hold a derivative U nonimmigrant visa themselves may be eligible for a green card. Second, certain family members who have never held a derivative U nonimmigrant visa may be eligible for a green card.
Q: What are the Eligibilit