U visas
Laws, regulations, and policies.
Overview
Foreign nationals who enter the United States illegally have few options for legalizing their status. One of the easiest ways is to accuse someone of a crime, which can make them and their family eligible for a “U visa” and the promise of a new life in America. This puts a target on the back of innocent Americans with few safeguards to prevent fraud.
Disclaimer: Please be aware that immigration law is one of the most complex bodies of law in the U.S. Code. A single fact can make a world of difference in the applicability of certain laws. Professional legal advice is highly advised before relying on these laws in specific matters.
Background
In 2000, Congress passed the Battered Immigrant Women Protection Act of 2000 (BIWPA) as part of the Victims of Trafficking and Violence Protection Act of 2000, which established the U-visa program to protect certain categories of aliens who are the alleged victims of certain crimes by granting them legal status and a range of other benefits in exchange for their help investigating and prosecuting the alleged crime.
The original policy behind the U-visa was to provide “temporary legal status to aliens who have been severely victimized by criminal activity.” Over time, however, this program has evolved to include not merely temporary status, but to provide a pathway to a Green Card and U.S. citizenship for these aliens and their entire nuclear families. This has incentivized widespread immigration fraud by illegal aliens who may have no other options for legalizing their status.
Statutes
8 U.S.C. § 1101(U)(i) – U visa eligibility
8 U.S.C. § 1184(p) – U visa petitions
8 U.S.C. § 1255(m) – Adjustment of status for U visa petitioners
Regulations
8 C.F.R. § 214.14(a) – Definitions
8 C.F.R. § 214.14(b) – U visa eligibility
8 C.F.R. § 214.14(c) – Application requirements
8 C.F.R. § 214.14(d) – Annual cap
8 C.F.R. § 214.14(d)(1) – Secrecy
8 C.F.R. § 214.14(e) – Counter evidence
Policies
USCIS Policy Manual
Volume 3 – Humanitarian > Part C – Victims of Crime
Chapter 1 - Purpose and Background
Chapter 2 - Eligibility Requirements for U Nonimmigrant Status
Chapter 3 - Documentation and Evidence [Reserved]
Chapter 5 - Bona Fide Determination Process
Chapter 7 - Final Adjudication
Chapter 8 - Post-Adjudicative Matters [Reserved]
USCIS Policy Alerts
Bona Fide Determination Process for Qualifying Family Members of U Nonimmigrant Victims of Qualifying Crimes (PA-2023-22)
Safe Address and Special Procedures for Persons Protected by 8 U.S.C. 1367 (PA-2023-14)
Update to Filing Location for U Nonimmigrant-Based Form I-485
Bona Fide Determination Process for Victims of Qualifying Crimes, and Employment Authorization and Deferred Action for Certain Petitioners (PA-2021-13)
USCIS Confirms Elimination of “Blank Space” Criteria
Guides
U Visa Law Enforcement Resource Guide (DHS)
Naturalization Fact Sheet for Lawful Permanent Residents Who Had T or U Nonimmigrant Status