"U nonimmigrant status, otherwise referred to as a ‘U visa,’ is a temporary legal status set aside for victims of certain crimes who have suffered mental or physical abuse and provide assistance to investigations or prosecution of criminal activity." Morris v. Nielsen , 374 F. Supp. 3d 239, 244 (E.D.N.Y. 2019) (citation and quotation marks omitted); see 8 U.S.C. §§ 1101(a)(15)(U)(i), 1184(p) ; 8 C.F.R. § 214.14(b). To petition for U nonimmigrant status, applicants must submit a Form I-918 to USCIS. 8 C.F.R. § 214.14(c)(1).
This court agrees with the Ninth Circuit, and it notes that other courts in this Circuit have likewise found that federal courts have jurisdiction to review U visa decisions. See, e.g., Ji Lin v. Mayorkas, 537 F. Supp. 3d 408, 414 (E.D.N.Y. 2021) (holding that federal courts have jurisdiction to review denials of I-918 petitions); Morris v. Nielsen, 374 F. Supp. 3d 239, 248-56 (E.D.N.Y. 2019) (reviewing denial of plaintiff's I-918 petition). The court concludes it has subject matter jurisdiction over this case.
New Classification for Victims of Criminal Activity; Eligibility for "U" Nonimmigrant Status , 72 Fed. Reg. 53,014, 53,014 (Sept. 17, 2007) ; Morris v. Nielsen , 374 F. Supp. 3d 239, 246 (E.D.N.Y. 2019). Plaintiff asserts that he is eligible for a U-Visa on the ground that he "has suffered substantial physical or mental abuse as a result of having been a victim of" the type of criminal activity the statute describes.