Preparing Successful U Nonimmigrant Petitions for Victims of Crime

U Nonimmigrant Status is granted to a victim of certain crimes who cooperates in the investigation or prosecution of his/her attacker. U Nonimmigrant Status allows an individual and their family members to work and live lawfully in the U.S. and creates a pathway to the attainment of lawful permanent resident status. It also allows derivative family members living abroad to travel to the U.S. and reunite with the victim. This program will familiarize immigration attorneys with tips and guidance in seeking relief under a U Nonimmigrant Status for clients who are victims of certain enumerated crimes. It will cover how to effectively work with clients in preparing and filing a U Nonimmigrant Status Petition with USCIS including waivers of inadmissibility.

Learning Objectives:

Purpose of U nonimmigrant status
Elements of U nonimmigrant status using client’s situation
Nuts and bolts of application process
Timeline of filing and how to advise your client
Considerations when working with clients in U nonimmigrant status petitions

Topics covered include:

Law Practice Immigration Law

Agenda:

Introduction & Overview

Overview of Immigration Law

Overview of U Nonimmigrant Status

Eligibility for U Nonimmigrant Status

Principal Petitioners

Victim of qualifying criminal activity
Possesses information about criminal activity & helpful to law enforcement agency
Crime occurred in U.S. or violated U.S. laws
Substantial physical or mental abuse as a result of qualifying criminal activity
Not inadmissible

Qualifying Family Members

Nuts & Bolts of Filing a U Nonimmigrant Status Petition

What to file
Where to file

Timeline for Case Processing

Pre-Filing
Post-Filing
Post-Approval

Duration of this webinar: 90 minutes

Originally broadcast: June 17, 2025 11:00 AM PT

Webinar Highlights

This webinar is divided into section summaries, which you can scan for key points and then dive into the sections that interest you the most.

00:00 Introduction

Esther Limb is introduced as the speaker, highlighting her role at Her Justice and her expertise in immigration law. Esther outlines the webinar's focus on U Nonimmigrant Petitions for crime victims and clarifies interchangeable terms used during the presentation. She emphasizes the importance of understanding the learning objectives, which include an overview of Her Justice's work and immigration law.

05:13 Overview of Immigration Law

Esther provides a brief overview of immigration law, focusing on its complexity and the various statutes and regulations involved. She explains the structure of immigration law under the Department of Homeland Security, highlighting the roles of CBP, ICE, and USCIS. Esther discusses the different ways to obtain lawful immigration status, including family sponsorship, employment, humanitarian relief, and the visa lottery. She emphasizes the importance of understanding the legal authority and the impact of federal circuit decisions on administrative rulings.

15:27 U Nonimmigrant Status Eligibility

Esther explains the process of adjusting from non-immigrant to immigrant status, highlighting the path to citizenship. She discusses the impact of criminal history on immigration eligibility and the availability of waivers for certain cases. The U non-immigrant status is described as a tool for victims of crime to assist law enforcement while normalizing their immigration status. Esther outlines the statutory cap of 10,000 U Visa approvals per year and the backlog of pending petitions.

31:15 Application Process and Waivers

Esther details the eligibility criteria for U non-immigrant status, focusing on the victim's role and the qualifying criminal activity. She explains the importance of law enforcement certification and the nuances of analyzing state and federal statutes. Esther discusses the concept of inadmissibility and the expansive waivers available under the U statute. She highlights the importance of the principal petitioner's sworn statement and the evidence required to support the application.

01:19:54 Post-Filing and Deferred Action

Esther outlines the post-filing process, including receipt notices, biometrics, and the waiting period for U Visa applications. She explains the concept of deferred action and the benefits it provides, such as employment authorization and protection from removal. Esther discusses the potential for requests for further evidence and the importance of maintaining communication with USCIS. She emphasizes the significance of employment authorization and the limitations on travel during the waiting period.

01:30:37 Q&A and Practical Tips

Esther provides practical tips for navigating USCIS resources and emphasizes the importance of attorney email hotlines for case inquiries. She answers audience questions about appealing decisions, bringing derivatives to the U.S., and the impact of prior removal orders. Esther clarifies the process for obtaining employment authorization and the requirements for law enforcement certification. She discusses the implications of removal proceedings on pending U Visa applications and the potential for waivers.

Please note this AI-generated summary provides a general overview of the webinar but may not capture all details, nuances, or the exact words of the speaker. For complete accuracy, please refer to the original webinar recording.

Continuing Legal Education (CLE) Credits

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California CLE

Status: Approved

Credits: 1.50 General

Earn Credit Until: June 30, 2026

South Carolina CLE

Status: Approved

Credits: 1.50 General

Difficulty: All Levels

Earn Credit Until: December 31, 2025

North Carolina CLE

Status: Approved

Credits: 1.50 General

Earn Credit Until: February 28, 2026

Texas CLE

Status: Approved

Credits: 1.50 General

Earn Credit Until: May 31, 2026

This presentation is approved for one and a half hours of General CLE credit in California, South Carolina (all levels), and North Carolina. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.50 credit hours.

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Speaker

Esther Limb Immigration Practice Director
Her Justice

Esther joined Her Justice in 2008. She is currently responsible for collaborating with a team of staff attorneys, pro bono coordinators, and volunteer attorneys to provide advice, legal advocacy services, and free legal representation to women living in poverty in NYC in the areas of matrimonial, family law, and immigration claims pursuant to the Violence Against Women Act (VAWA). Read More ›