U visas for victims of crime

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Massachusetts Law Reform Institute
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U visas are for some crime victims that have information about the crime. Examples include being a victim of domestic violence, stalking, assault, or extortion. To be eligible for a U visa, you must be willing to help law enforcement with the investigation or prosecution of the crime.

Immigration law can be complicated. It is important to talk to a good immigration lawyer before you apply for a U visa.

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Am I eligible for a U visa?

You may be eligible for a U visa if:

  1. You have been a victim of a “qualifying crime” (see examples of qualifying crimes),
  2. You experienced a physical or mental injury because of the crime,
  3. You have information about the crime,
  4. Law enforcement will certify that you were helpful, are helpful, or likely will be helpful to law enforcement in the investigation or prosecution of the crime, and
  5. The crime happened in the U.S. or violated U.S. laws.

You must also be "admissible" to the U.S.

What are examples of qualifying crimes for U visas?

U visas are given for the crimes listed below. They are also given for crimes that are like the ones listed. You may be able to get a U visa certification if the agency agrees that they investigated a listed crime, even if the charge was different. For example, you may be able to get a U visa based on domestic violence even though the charge is for assault and battery.

Categories of crimes include:

  • Abduction
  • Abusive Sexual Contact
  • Blackmail
  • Domestic Violence
  • Extortion
  • False Imprisonment
  • Female Genital Mutilation
  • Felonious Assault
  • Fraud in Foreign Labor Contracting
  • Hostage
  • Incest
  • Involuntary Servitude
  • Kidnapping
  • Manslaughter
  • Murder
  • Obstruction of Justice
  • Peonage
  • Perjury
  • Prostitution
  • Rape
  • Sexual Assault
  • Sexual Exploitation
  • Slave Trade
  • Stalking
  • Torture
  • Trafficking
  • Witness Tampering
  • Unlawful Criminal Restraint
  • Other Related Crimes*†

*Includes any similar activity where the elements of the crime are substantially similar.
†Also includes attempt, conspiracy, or solicitation to commit any of the above and other related crimes.

 

How do I get the certification that I am helpful to law enforcement?

You must report information about the crime to a federal, state, or local law enforcement agency. This might be 

  • a police department, 
  • district attorney’s office, 
  • judge, 
  • the Attorney General’s Office, or 
  • the Department of Children and Families. 

Ask them for a certification. This is a form that says you were helpful, are helpful, or are likely to be helpful to the investigation or prosecution of the crime. You must have a certification to apply for a U visa with immigration.

Massachusetts has a law that says all agencies must have a policy for when a person asks for a U visa certification. When you ask for a certification, they must respond within 90 days. There are some exceptions. For more information, see this guide for certifying agencies.

What if the police, or another agency, don’t think I was helpful or will be helpful? 

Sometimes the police, or another agency, don’t think you are helpful or will be helpful. They may not want to give you a certification. If this happens, then you won’t be able to apply for a U visa. You need a certification from the police or other agency to apply. Talk to an immigration lawyer if this happens. They might be able to convince the agency to give you a certification.

What if the person who committed the crime was not arrested or convicted?

Even if there is no arrest or conviction, the police, prosecutor or other agency investigating the crime can still give you a certification. They can agree on the certification that you have information about the crime, have been helpful, or are willing to be helpful.

What does it mean to be admissible to the U.S.?

To get a U visa, you must be “admissible” to the U.S. “Admissibility” is an immigration term that has many factors. It includes criminal history, immigration violations, health, and more.

If you are not admissible because of one of these factors, you may be able to get a waiver, which is like a forgiveness or pardon. Talk to a lawyer before you apply for a U visa or any waiver.
 

What if I was deported from the U.S. before or had other immigration issues?

You may still be eligible for a U visa. U visa applicants must be admissible, but you might be able to get a waiver. Talk to an immigration lawyer to understand if this is possible. 
 

What immigration status do I get with a U visa?

If you are granted a U visa, you get a 4-year non-immigrant visa and permission to work. You can stay in the U.S. during this period and work. After living in the U.S. for 3 years, you may be eligible for lawful permanent residence (green card).

Can I get temporary permission to stay in the U.S. while I wait for a U visa?

In June 2021, immigration started a new process, called “bona fide determination.” This is for some people in the U.S who are waiting for a decision about their U visas. In this process, you may be granted deferred action (temporary permission to stay) and permission to work while you wait. 

You can’t apply for a bona fide determination. Immigration reviews cases automatically that may be eligible. For more information see USCIS frequently asked questions.

Can I get lawful permanent residence (green card)?

U visa holders may be able to apply for lawful permanent residence (green cards). 

You may be able to apply if: 

  1. You have been in the U.S. without leaving for at least 3 years since you got your U visa,
  2. You have not unreasonably refused (without a reason) to help law enforcement since you got your U visa,
  3. You are “admissible”  (talk to a lawyer about “admissibility”),
  4. You can show that being in the U.S. is:
    1. justified on humanitarian grounds, 
    2. important so your family can be together, or 
    3. in the public interest.

Your family members may also be eligible for green cards if they got U visa status through your application.
 

Can I apply for my family members?

If you are over the age of 21, you may also apply for your spouse and unmarried children. Your unmarried children need to be under 21.

If you are under the age of 21 you may also apply for your spouse, unmarried children under 21,  parents, and unmarried siblings under 18.

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Who to call for help with domestic violence
DV - Who to call for help

Call 911 if you are in danger right now.

If you are not in immediate danger, you can contact:

See Jane Doe's list of Massachusetts domestic violence programs and court resources for safety and support.

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