Turning Tragedy into Status
The U Nonimmigrant Status (U-Visa) was created by Congress to encourage undocumented immigrants to report crimes to the police. The logic is simple: If immigrants are afraid of deportation, they won’t report criminals, and communities become less safe.
The Benefit:
- You get a work permit.
- You are safe from deportation.
- After 3 years, you can apply for a Green Card.
Eligibility: The 4 Pillars
To qualify, you must prove four things:
1. You suffered “Substantial Abuse”
You were the victim of a qualifying crime.
- Examples: Domestic Violence, Sexual Assault, Felonious Assault (Assault with a weapon), Trafficking, Kidnapping, Extortion.
- Note: Simple theft or burglary usually does not count.
2. Physical or Mental Abuse
You must show proof of the trauma.
- Medical records, psychological evaluations, photos of injuries.
3. You Possess Information
You know details about the crime.
4. You Were “Helpful” to Law Enforcement
This is the most critical step. You must have assisted the police or prosecutor.
- Did you call 911?
- Did you give a statement?
- Did you identify the suspect?
The “Certification” (Form I-918B)
Before you can apply to immigration, you need the police to sign a form called the I-918 Supplement B.
- The Problem: Police departments are not required to sign it. It is discretionary. Some departments sign everything; others sign nothing.
- The Strategy: You often need a lawyer to convince the Police Chief or District Attorney to sign the certification.
The Backlog
The bad news: The U-Visa is incredibly popular and capped at 10,000 per year.
- Wait Time: Currently, the wait for a full approval is 5+ years.
- “Bona Fide” Determination: However, immigration now issues Work Permits while you wait (after about 4-5 years) if your case looks legitimate.
If you are a victim of a crime, do not suffer in silence. Reporting it could change your life.