U Visa and VAWA Visa Overview

U Visa

Overview

The U visa is a nonimmigrant visa for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity.

Eligibility Requirements

• Victim of a Qualifying Crime: The applicant must have been a victim of a crime such as domestic violence, sexual assault, human trafficking, etc.
• Suffered Substantial Abuse: The applicant must have suffered substantial physical or mental abuse as a result of the crime.
• Helpfulness to Law Enforcement: The applicant must have been, is being, or is likely to be helpful to law enforcement or government officials in the investigation or prosecution of the crime.
• Certification Requirement: The applicant must have a law enforcement certification.

Process to Obtain

1. Obtain a Certification: Obtain a Signed Certification from the correct authority.
2. File Forms and Application: Submit Full Application along with required evidence and documentation.
3. Biometrics Appointment: Attend a biometrics appointment for fingerprinting.
4. Wait for USCIS Decision: USCIS will review the application and make a decision.

Costs

Filing Fee: There is no filing fee for the U visa application (Form I-918).

Most Applicants also need a Waiver that can be submitted simultaneously as the full application and this application has no Fee for submission either.

Processing Time

Current Processing Time: The processing time for U visa petitions can be several years due to the statutory cap of 10,000 U visas issued annually. As of 2024, the wait time can be around 12 to 15 years or more for new applicants; however, the associated work permit should be available in 18-24 months along with the Deferred Action approval.

VAWA Visa

Overview

VAWA (Violence Against Women Act) provides immigration relief for abused spouses, children, and parents of U.S. citizens or lawful permanent residents. It allows victims to self-petition for a green card without the abuser's knowledge or consent.

Eligibility Requirements

• Relationship: The applicant must be the spouse, child, or parent of a U.S. citizen or lawful permanent resident.
• Abuse: The applicant must have suffered battery or extreme cruelty by the U.S. citizen or LPR family member.
• Good Moral Character: The applicant must demonstrate good moral character.

Process to Obtain

1. File Form I-360: Submit Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, along with evidence of abuse and qualifying relationship.
2. Wait for USCIS Decision: USCIS will review the application and make a decision.
3. Adjustment of Status: If the I-360 is approved, file Form I-485, Application to Register Permanent Residence or Adjust Status, to obtain a green card.

Costs

Filing Fee for I-360: There is no filing fee for VAWA self-petitioners (Form I-360).

Filing Fee for I-485: The fee for Form I-485 is $0.

Processing Time

Current Processing Time: VAWA petitions typically take about 16 to 21 months for Form I-360 to be processed, and the subsequent adjustment of status (Form I-485) can take an additional 12 to 24 months or longer.

Similarities

• Protection for Victims: Both U visas and VAWA visas provide immigration relief to victims of violence and abuse.
• No Requirement of Abuser's Cooperation: Both allow victims to apply without the cooperation of the abuser.
• Path to Permanent Residency: Both can lead to lawful permanent residency (a green card).

Differences

• Eligibility Criteria: The U visa requires the applicant to be a victim of certain crimes and to assist law enforcement, while VAWA is specifically for abused family members of U.S. citizens or LPRs.
• Certification Requirement: U visas require a law enforcement certification, while VAWA petitions do not.
• Processing Cap: U visas have an annual cap of 10,000 visas, causing longer wait times, while VAWA has no such cap.