If you experienced a crime in the United States but never filed a police report, you may wonder whether you can still apply for a U visa. However, the answer varies according to the circumstances. Although a police report is not the only kind of evidence USCIS will take into account, it is typically required that a law enforcement certification be signed as part of the application.
With insight into the U visa process, anyone can determine what evidence is necessary, if they may be eligible for the U visa, and how they will be affected by it in the future once they become a U visa holder.
Can You Get a U Visa Without a Police Report?
Yes, it might be possible. USCIS permits applicants to provide evidence in various formats, such as court records, medical records, photos, witness statements and other documents. A police report may be useful to your case, but it’s not the only kind of evidence that will do.
Generally, however, you will not be able to apply without a signed Form I-918, Supplement B, from an authorized officer of a qualifying agency. This certification is meant to verify that you are or were a victim of a crime that meets these qualification requirements and that you have or are likely to or are being helpful in the detection, investigation and prosecution of this crime.
If no police contact, check with an immigration attorney if another entity that has jurisdiction over the criminal activity could certify the case.
What Is a U Visa?
The U visa is an immigration provision that provides benefits to some victims of qualifying crimes who have experienced significant physical or mental abuse and are or are likely to be assisting in an investigation or prosecution of the crime.
The U visa program was designed to encourage crime victims who are eligible to feel more comfortable reporting and cooperating with the police. It may be granted even if the applicant is not legally in the United States.
Domestic violence, sexual assault, trafficking, felonious assault, kidnapping and related crimes are all qualifying criminal activities. Eligibility will be based upon the particular facts and law.
What Are the Qualifications for a U Visa?
The qualifications for U visa status generally require applicants to establish several things:
- It is because they had been the victims of qualifying criminal activity.
- The crime was either a crime of the United States or a crime committed under a qualifying U.S. jurisdiction.
- They were physically or mentally mistreated due to the crime.
- They have knowledge of the crime activity.
- They have been, are being, or are likely to be helpful to the appropriate authorities.
- They can enter the United States or be eligible for a waiver of the grounds of inadmissibility.
The supporting evidence for these U visa eligibility requirements should be provided. Not all crimes are eligible and even in the midst of a crime, there is no guarantee of approval.
How Does the U Visa Process Work?
The U visa process typically involves these steps:
Step 1: Identify the qualifying crime. Review whether the incident involved a qualifying criminal activity under immigration law.
Step 2: Request law enforcement certification. Ask an appropriate authorized agency or official to complete Form I-918, Supplement B. Certification is not automatic, and the agency must assess the circumstances.
Step 3: Prepare the petition. Complete Form I-918, write a detailed personal statement, and collect evidence supporting your eligibility. Include any required applications for waivers or qualifying family members, when applicable.
Step 4: Submit the application to USCIS. Follow the current filing instructions and retain copies of everything submitted.
Step 5: Respond to requests. USCIS may request additional evidence or other information before deciding the case.
U visa processing can take years because demand for U visas exceeds the annual statutory limit for principal applicants. Certification alone does not mean USCIS has approved the petition.
What Are the Benefits of a U Visa?
One of the benefits of U visa status is the ability to remain in the United States for the authorized time and apply for employment authorization under the rules that apply. Derivative benefits are also available for some family members who are eligible.
These protections can provide additional security to individuals who have been the victims of serious crimes and are seeking to restore their lives. However, eligibility and the stage of the case will all play a factor on whether benefits will be awarded.
A U Visa is not a pathway to permanent residency or citizenship.
Conclusion
While a police report may not be required to obtain a U visa, it is required to satisfy legal requirements and, generally, the requirement for the law enforcement certificate. Other evidence may also help to prove what occurred, the injury you suffered, and your cooperation with the authorities.
Due to immigration law complexities, particularly if u visa deportations ice enforcement is an issue, you may want to consult with an experienced immigration attorney prior to filing a U visa application.
Frequently Asked Questions
Can I apply for a U visa if I never called the police?
Possibly. While a police report may be acceptable, it is typically required to have a signed Form I-918, Supplement B certification from an authorized official.
Is a police report required for U visa approval?
It’s not always necessary to file a police report. A law enforcement certification is usually an essential component of the petition, however.
Who can sign a U visa certification?
An authorized official from a qualifying agency may sign, including certain law enforcement agencies, prosecutors, judges, and other authorities with relevant jurisdiction.
What crimes qualify for a U visa process?
Qualifying activities include certain domestic violence, sexual assault, trafficking, kidnapping, and assault offenses, among others. The specific facts and legal classification matter.
Can I qualify for a U visa if I have no legal immigration status?
Lack of lawful immigration status does not automatically disqualify someone. You must still satisfy the U visa eligibility requirements and address any applicable inadmissibility grounds.
Does filing a U visa protect me from deportation?
Not automatically. A pending petition does not itself guarantee protection from removal, and an existing removal order may require separate legal action.
Can ICE deport someone with a pending U visa?
A pending petition alone does not automatically prevent ICE from enforcing a removal order. The person’s circumstances and any separate protections or court orders matter.
How long does the U visa process take?
It can take several years because of high demand and the annual statutory cap. Timelines vary depending on the case and USCIS processing.
Can my family receive U visa benefits?
Certain qualifying family members may be eligible for derivative status, depending on the principal applicant’s age and other requirements.
Can I get a green card after U visa approval?
Potentially. Eligible U-1 recipients may apply for permanent residence after generally completing three years of continuous physical presence in U status and meeting the other legal requirements.
