info@kasturilaw.com

Call Us Today

630-392-8101 | 630-392-8101
29 South Webster Street, Suite 370 Naperville,
IL 60540

Call Us Today

630-392-8101 | 630-392-8101
info@kasturilaw.com

At Kasturi Law, LLC, our Naperville immigration and nationality law attorney, knows the U Non-Immigrant Visa is specifically for victims of crimes who have suffered mental or physical abuse. These individuals must be willing to assist law enforcement and government officials in investigating criminal activity.

A federal, state, or local government official can verify that the victim has been, is being, or will likely help prosecute the criminal acts of which they were a victim.

Here, we discuss the eligibility requirements for U Non-Immigrant Visas.

Non-Immigrant Visa

What are the Eligibility Requirements for Obtaining a U Non-Immigrant Visa?

All U Visa filings require the individual to have been a victim of a qualifying criminal activity.

Qualifying crimes include but are not limited to:

  • 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.

The victim must have suffered substantial physical or mental abuse as a result of the qualifying crime, which can include bodily injuries, psychological trauma, or other forms of harm.

In addition, the victim must:

  • Be willing to assist law enforcement agencies in investigating or prosecuting the crime. This typically involves providing information, testimony, or other forms of cooperation. This cooperation must be deemed helpful to law enforcement agencies in investigating or prosecuting the crime. S. Citizenship and Immigration Services considers factors like the victim’s credibility, the nature of the crime, and the victim’s role in the investigation.
  • Obtain a certification from a law enforcement agency — including a police department, prosecutor’s office, or other investigative agency — confirming their cooperation and helpfulness in investigating or prosecuting the crime.
  • Be admissible to the United States or eligible for a waiver of any grounds of inadmissibility. Some grounds of inadmissibility, including certain immigration violations and criminal convictions, may be waived for U visa applicants.

How Do You Deal with an RFE in a U Visa Case?

Dealing with a Request for Evidence (RFE) in a U visa case requires careful attention and a timely response to the USCIS’s requests.

Carefully read the RFE to understand the specific information or documentation USCIS requests. Pay close attention to any responding deadlines specified in the RFE so you can reply promptly within the necessary timeframe.

Collect all necessary documentation and evidence requested in the RFE, including additional information about the qualifying crime, evidence of your cooperation with law enforcement, proof of your eligibility for a U visa, and other supporting documents.

Draft a detailed response to the RFE addressing each specific request made by USCIS. Provide clear and concise explanations and include all relevant documentation to support your case. Be sure to follow all submission requirements outlined in the RFE.

Contact Our Immigration Attorney Today For Consultation

If you believe you may be eligible for a U visa or have received an RFE from USCIS, contact us today to learn how our Illinois immigration attorney can help you. We provide in-office, phone, and Zoom consultations to help you understand your legal rights and options, evaluate your case, and guide you through the application process so you can make informed decisions about your immigration journey.