A U Visa is “Discretionary”: Here is What that Means for You

United States Citizenship and Immigration Services (USCIS) explains that the U visa is “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.” Notably, U visas are discretionary visas. That means that it is technically possible to satisfy all of the statutory requirements and still have your application denied. Here, our Alexandria U visa attorney explains the key things to know about discretionary approval of these visas.

U Visas: Know the Basics

A U visa is a nonimmigrant immigration benefit for victims of specific serious crimes who suffered substantial physical or mental harm. It is designed to encourage cooperation with law enforcement during criminal investigations or prosecutions. To qualify, the victim must provide credible assistance and obtain certification from a qualifying government authority. Notably, a U visa holder could potentially have a path to a green card through an adjustment of status in the future.

There are Statutory Requirements (But an Approval is Not Guaranteed)

If you are applying for a U visa, there are certain requirements that you must satisfy under American immigration law. However, as a U visa is a discretionary immigration option, meeting all of the statutory elements does not end the analysis. To start, you will need to prove that:

• You were the victim of a qualifying crime or substantial abuse;
• You have possession of information about the crime; and
• You were helpful to law enforcement in the prosecution of that offense.

Satisfying these elements makes the applicant eligible for consideration. It does not compel approval. USCIS retains authority to deny based on the totality of the circumstances, including factors not expressly listed in the statute.

Discretion Allows USCIS to Weigh Negative Factors

Discretion permits USCIS to consider adverse facts beyond the core eligibility elements. Some of the most common issues include prior immigration violations, criminal history unrelated to the qualifying crime, inconsistencies in prior filings, or credibility concerns. Even arrests without convictions may be reviewed and considered as negative information.  Officers evaluate whether the positive equities outweigh the negatives. It is a balancing test that is inherently subjective. 

The Bottom Line: The U visa is a discretionary immigration option. You will need to prove that you meet all of the statutory requirements. However, that is not enough. A top-rated Virginia U visa lawyer can help you put together the strongest possible case for an approval. 

Call Our Virginia U Visa Attorney for Immediate Help

At Escobar Law Offices, our Virginia immigration attorney has the experience needed to handle U visa cases. If you have any questions about your rights or your options, we can help. Contact us right away to set up your completely confidential, no obligation initial appointment. With an office in Annandale, we help people and families with U visas throughout the region in Northern Virginia, including in Fairfax, Falls Church, Arlington, and Alexandria.

Source:

uscis.gov/humanitarian/victims-of-criminal-activity-u-nonimmigrant-status