U Visa for Victims of Domestic Violence

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The U Visa and Domestic Violence

here at the The Ranchod Law Group we often meet individuals who seek to learn more about the U Visa. Some of these individuals are victims of domestic violence. In this post, we will be briefly discussing the U Visa generally and more specifically for victims of domestic violence.

In addition to victims of domestic violence, the U Visa is available to individuals who are the victims of crimes that are sexual in nature:

U Visa Qualifying Crimes

  • rape
  • incest
  • sexual assault
  • abusive sexual contact
  • prostitution
  • sexual exploitation
  • female genital mutilation
  • trafficking
  • torture
  • being held hostage
  • peonage (involuntary servitude)
  • slave trade
  • kidnapping, abduction
  • unlawful criminal restraint
  • false imprisonment
  • blackmail
  • extortion
  • felonious assault
  • witness tampering
  • obstruction of justice
  • perjury

In the case of murder or manslaughter, the U Visa is also available to:

  • the victim’s spouse
  • unmarried children under 21 years of age

In the case that the victim was under 21 years of age, the victim’s parents and minor siblings (under 18 years old) may benefit from the U Visa.

Only victims of the aforementioned crimes can seek a U Visa

So, for example, if you were the victim of a burglary, you are probably not eligible for a U Visa. You may still choose to contact one of our offices to discuss the availability of other immigration relief.

In addition to the requirement of one of the specific aforementioned crimes, in order to receive the benefit of the U Visa you must have suffered substantial physical or mental abuse, you must possess information concerning the crime, and a government official investigating or prosecuting the crime must certify that you have been, you are being, or you are likely to be, helpful in the investigation or prosecution of the crime.

Victims of Domestic Violence

Now, let us turn our discussion to focus on victims of domestic violence. Some common questions and concerns for victims of domestic violence are as follows:

Does the abuser have to be aU.S.Citizen?

NO, in order to qualify for the U Visa, it does not matter if the abuser is a United States Citizen, a Lawful Permanent Resident, in some other status, or has no status at all. Note however that if the abuser is a United States Citizen you may be eligible for relief under the Violence Against Women Act (VAWA)Violence Against Women Act (VAWA).


Do I have to be legally married to the abuser?

NO, it is possible to be a victim of domestic violence without a legal marriage to the abuser

Back to the list of Frequently Asked Questions


Can men who are victims of domestic violence at the hands of a woman receive the benefit of a U Visa?

YES, and we have experience in such types of cases

Back to the list of Frequently Asked Questions


Can individuals who are victims of domestic violence in a same sex relationship receive the benefit of a U Visa?

YES, and we have experience in such types of cases

Back to the list of Frequently Asked Questions

Contact our offices for a consultation if you think you meet the U visa requirements. Should you not meet the requirements of the U visa checklist we have outlined, you may benefit from another type of immigration relief.

Here at the Ranchod Law Group we have extensive experience with U Visas. As many Clients come forward with common questions, we have gathered them all to provide you with a complete set of answers.

  1. Do I Qualify for a U Visa?
  2. What relatives can I include in my U Visa Application?
  3. What are the Benefits of a U Visa?
  4. Why is the waiting period for a U Visa so long?
  5. Can I travel while on the wait list?
  6. Can I travel outside of the United States once my U Visa is approved?
  7. How does USCIS process my case?
  8. Can I be placed in deportation proceedings if my U Visa is denied?
  9. When can I become a resident?
  10. When can I apply to become a United States citizen?
  11. What to do while waiting for my U Visa Approval?

Do I qualify for a U Visa?

A U Visa is an immigration benefit for victims of certain crimes. You may qualify for a U Visa if:

  1. You have been a victim of a qualified crime (e.g. domestic violence, incest, rape, stalking, sexual assault)
  2. You cooperated with the authorities in the investigation of the crime
  3. You suffered emotional or physical harm
  4. USCIS grants you a waiver of inadmissibility for criminal or immigration violations

Back to the list of U Visa Frequently Asked Questions


What relatives can I include in my U-Visa Application?

You can include your children under 21 and spouse depending upon when you get married, as long as they are not the abusers. If you are under 21, you can include your spouse, children, parents and siblings under 18.

Back to the list of Frequently Asked Questions


What are the Benefits of a U- Visa?

Some of the benefits of a U Visa include:

  1. Legal status and protection from deportation
  2. Work Permit
  3. Eligibility to apply for permanent residency after 3 years
  4. Eligibility for CalWorks, Food Stamps and Medical after receiving the U Visa receipt notice

Back to the list of Frequently Asked Questions


Why is the waiting period for a U-Visa so long?

There are only 10,000 U Visas available per year and well over 10,000 people apply each year. In the past, USCIS was able to process U Visa cases within a year, but due to the increased volume of applications they are now taking over three years. Therefore, someone who applies today will likely be waiting for at least three years and there is nothing that can be done to expedite this process.

Once USCIS processes your case, they will put you on a wait list and grant you a work permit that lasts two years while you wait for your visa. It is likely that you will have to renew your work permit at least two times while you are on the wait list. The wait period can be longer or shorter depending on the resources that USCIS has. Unfortunately, in the past we have only seen the wait time increase.

Back to the list of Frequently Asked Questions


Can I travel while on the wait list?

No. You may not travel outside of the U.S. while on the wait list. If you leave the country while on the wait-list you will not be able to return to the U.S. until your U Visa is approved, this can be many years.

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Can I travel outside of the U.S. once my U Visa is approved?

When USCIS approves your case, you will receive a work permit valid for four years but you may not use it to reenter the country. It is not recommended, however you may travel with approval from USCIS but first, you must file and obtain approval. If you plan to travel while on U-Nonimmigrant Status, you should contact an immigration attorney before leaving the country.

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How does USCIS process my case?

The U Visa application is done completely by mail. The U Visa process is confidential and USCIS will make a decision solely on the documents that you include in your application. USCIS will not contact your abuser, or anyone else to discuss your case, nor will a new criminal case be initiated against the abuser.

Back to the list of Frequently Asked Questions


Can I be placed in deportation proceedings if my U-Visa is denied?

Up until now, April 2018, immigration has stated that they do not intend to refer to ICE, people who have not been approved for a U Visa.

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When can I become a resident?

After having your U Visa for three years, you can apply to become a resident.

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When can I apply to become a citizen?

After being a resident for five years, you can apply to become a United States citizen.

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What to do while waiting for my U-Visa Approval?

  • Avoid any negative contact with police as certain police departments can refer you to Immigration and Customs Enforcement (ICE). Negative contact includes but is not limited to:
    • driving under the influence of alcohol or drugs;
    • driving without a license;
    • not paying tickets for crimes; and infractions
    • not paying tickets for infractions.

Any negative contact with police can affect your U-Visa case.

  • Avoid contact with immigration officials but if you cannot avoid it, remember your rights.
  • ICE’s job is to determine whether someone is in the country without authorization—since they cannot make a determination by simply looking at you, they will ask you questions.
  • ICE will use this information to more easily process your deportation. You have the right to remain silent; you only need to provide your name but you do not need to answer any questions.
  • If officers come to your home, you have the right to not open the door unless they have a warrant.
  • Do not consent to a search of your person, car or home unless they can show you a judge’s warrant.
  • You also have the right to have an attorney if ICE wants to interrogate you, so you should always request one and never sign any documents without consulting an attorney first.

    • Back to the list of Frequently Asked Questions

    Related Information on U Visas