The U Nonimmigrant Status: Protections for Immigrants, International Students, and Undocumented Individuals

Are you an immigrant, international student, or undocumented individual? Have you or a loved one experienced sexual assault, domestic violence, relationship abuse, or stalking?

If your answer to both of these questions is yes, you may be able to seek immigration relief under the U Nonimmigrant Status (U-visa).

Disclaimer #1: Every case is different. If you need individual advice, please consult an attorney or advocate.

Disclaimer #2: I prefer to use the term “survivor” when describing an individual who has experienced power-based violence. If you do not identify with the term “survivor”, please substitute it with the term you use to describe your experience. I want to respect everyone’s experiences and preferred language when discussing power-based violence.

“What is power-based violence?”

The following terms fall under the broad category of “power-based violence”:

- Sexual Assault: Sexual assault is any act that is sexual in nature that is nonconsensual and in violation of state, federal, or tribal law.

- Domestic Violence/dating violence: Domestic violence is any violent, abusive, or coercive act committed against an individual by an intimate partner, former or current spouse, former or current cohabitant, or someone with whom the individual has had a child with, with the intent of harming that individual. This violence can include emotional, physical, verbal, sexual, and economic abuse

- Stalking: Stalking is the unwanted pursuit, following, or harassment of an individual

- Human Trafficking: Human trafficking is when an individual forces another individual to perform commercialized labor through the use of coercion or fraud. This can include physical and sexual labor.

“What is a U-Visa?”

The U-visa was created for survivors of certain crimes who have suffered from physical and mental harm and are willing to cooperate with law enforcement during criminal investigation and prosecution of these crimes. U-visas were created by Congress in 2000 through the passage of the Victims of Trafficking and Violence Protection Act (U.S. Citizenship and Immigration Services, 2018). The purpose of this act was to enhance law enforcement capabilities regarding the investigation and prosecution of cases concerning sexual violence, domestic violence, and human trafficking (U.S. Citizenship and Immigration Services, 2018). Moreover, this act intended to protect survivors who were willing to cooperate with law enforcement (U.S. Citizenship and Immigration Services, 2018).

“What are the protections under a U-visa if I am an immigrant, international student, or undocumented individual?”

The U-visa has specific protections for those who are immigrants, international students, or undocumented.

An important note:

You must obtain a local law enforcement certification to be eligible to apply for a U-visa

If you or a loved one is a survivor of any of the qualifying crimes under U-visa, then:

1. A U-visa grants you temporary immigration status, which allows you to live lawfully within the US
2. A U-visa allows you to file a derivative visa for qualifying family members, such as spouses, parents, and children
3. A U-visa grants you the possibility to apply to be a lawful permanent resident after three years with a U-visa status
4. A U-visa allows you to obtain employment authorization

“Who can apply under a U-visa?”

You may apply for a U-visa if you:

1. Have suffered a substantial amount of abuse from said crimes
2. Are considered helpful to law enforcement

“Who is eligible?”

You may be eligible if:

1. The crime(s) occurred in the US
2. The crime violates US law
3. You have information about the criminal activity

“Is there anything else I should be aware of?”

1. There is no status of limitation on the crimes
2. The status of the person who caused harm is irrelevant (you can have any relationship with this person)
3. You may petition for a U-visa if you live outside of the US
4. Only 10,000 U-visas are granted by the US government per year
5. You may find more qualifying crimes under U-visa by clicking on the resource listed under “References”

“What are my rights?”

Remember, as an undocumented or immigrant individual subjected to power-based violence, you have rights:

1. You have the right to report your experience to law enforcement*
2. You have the right to not report your experience to law enforcement
3. You have the right to an advocate
4. You have the right to file a restraining order**
5. You have the right to file an anonymous complaint to your institution or the federal government, with no identifying information required
6. You have the right to not be threatened with deportation from your institution
7. You have the right to not disclose your immigration status

*Reporting your assault to law enforcement should NOT lead to deportation

**You may file a restraining order even if you do not want to report your assault to law enforcement, as filing a restraining order is a completely different process than reporting a crime; this should also not trigger deportation for the protected party.

References:

U.S. Citizenship and Immigration Services. (2018, June 12). Victims of criminal activity: U nonimmigrant status. U.S Citizenship and Immigration Services.