Who Is Eligible For A U Visa?
The U visa is a non-immigrant status that allows non citizen victims of crime to stay in theUnited Statesand obtain employment authorization.
There are four basic eligibility requirements for U visa interim relief:
(1) A victim has suffered substantial physical or mental abuse from following criminal activities: Rape; Torture; Trafficking; Incest; Domestic violence; Sexual assault; Abusive sexual contact; Prostitution; Sexual exploitation; Female genital mutilation; Being held hostage; Peonage; Involuntary servitude; Slave trade; Kidnapping; Abduction; Unlawful criminal restraint; False imprisonment; Blackmail; Extortion; Manslaughter; Murder; Felonious assault; Witness tampering; Obstruction of justice; Perjury; or Attempt, conspiracy or solicitation to commit any of the above.
(2) Possess information regarding the criminal activity;
(3) Assist government officials in the investigation or prosecution of such criminal activity;
(4) The criminal activity violated US law or occurred in the United States (including Indian country and military installations) or the territories and possession of the United States. An abuser does not need to be a U.S. citizen or lawful permanent resident, and a victim does not have to have been married to the abuser to be eligible for a U visa. Moreover, a victim is not required to be physically present in the US to qualify for a U visa.
She / He can apply from abroad as long as the criminal activity violated US law or occurred in US territories.
USCIS can only grant 10,000 U visa status in each fiscal year.