top of page

Substantial Physical or Mental Abuse

Substantial Physical or Mental Abuse

One requirement of the U Visa is that you must have suffered substantial physical or mental abuse because you were a victim of a qualifying criminal activity. You should note that the abuse you suffered does not have to be physical, but can also be mental and emotional.

According to 8 CFR § 214.14 (b)(1), USCIS will consider the following factors in determining whether the abuse was substantial:

  • The nature of the injury inflicted or suffered;

  • The severity of the perpetrator's conduct;

  • The severity of the harm suffered;

  • The duration of the infliction of the harm; and

  • The extent to which there is permanent or serious harm to the appearance, health, or physical or mental soundness of the victim, including aggravation of pre-existing conditions.

8 CFR § 214.14 (b)(1) further states that no single factor is a prerequisite to establish that the abuse suffered was substantial. Thus, USCIS will look at the various circumstances that led up to the abuse. Furthermore, several incidents can be taken together even though no single act alone equates to substantial abuse. It is your responsibility, through help of legal counsel, to supply evidence that you suffered substantial abuse.


No Attorney-Client Relationship Created by Use of this Website: Neither your receipt of information from this website, nor your use of this website to contact Santamaria Law Firm, PC or one of its lawyers creates an attorney-client relationship between you and the Firm.

No Legal Advice is Intended: This website includes general information about legal issues and developments in the law. Such materials are for informational purposes only and may not reflect the most current legal developments.

433 views0 comments

+ 1 (415) 745 - 3650

100 Pine Street, Suite 1250

San Francisco, CA 94111, USA

Member Logo_2019.jpg

Non Immigrant Visa

H-1B Visa

L-1 Visa

E Visa

R-1 Visa

​O-1 Visa

​P Visa

​B1/B2 Visa

Employment Based Immigrant Visa

EB-1: Priority Workers

EB-2: Advanced Degree or NIW

EB-3: Skilled/Unskilled Workers

EB-4: Religious Workers & Special Immigrants

EB-5: Investor Visa

Deportation/Removal Proceedings

Immigration Court Defense

Waivers of Unlawful Presence Bar

Motion to Reopen/Reconsider

Family Petition

Fiancée Visa

Marriage Visas

​Adjustment of Status through Marriage

Petition for Family Members

Petition for Adopted Child


Asylum & Refugee

​Temporary Protected Status


U Visa

T Visa

​And Others

Santamaria Law Firm
bottom of page