The U visa is a special type of nonimmigrant visa specifically for victims of qualifying crimes who have suffered physical or mental abuse.
Why Does the United States Government Offer “U” Visas?
The U visa, sometimes called U nonimmigrant status or U nonimmigrant visa, was created by the government in October 2000 to convince witnesses of criminal acts to testify against those who commit them.
Law enforcement officials face many challenges in fighting crime. Areas with a large number of immigrants have high crime rates, with a high percentage of impunity. Part of the reason is that officials cannot file charges without eyewitnesses, and immigrants who are victims of crimes have a lot to lose by testifying, so they don't.
Now, this U visa opportunity has led victims to help police catch criminals. As soon as a person becomes a victim of a crime, they should inform them and provide the most detailed description possible of the events. This will increase the chances of the criminal being caught, and the immigrant will have a better chance of obtaining a U visa for their cooperation.
What crimes qualify for a U nonimmigrant visa?
- Obstruction of justice: hiding evidence, interfering with witnesses are prime examples.
- Sex crimes: Sex trafficking isn't the only qualifying crime. Rape, incest, sexual assault, prostitution, sexual exploitation, and genital mutilation are all covered.
- Slavery offenses: Kidnapping is a prime example, but forced labor, non-sexual trafficking, slavery, and false imprisonment also qualify.
- Violent crimes: Anything from assault and battery with a deadly weapon to robbery can qualify, depending on the state and police opinion. Crimes resulting in death, such as homicide, manslaughter, and murder, are the most common examples.
- Foreign Employment Fraud: This crime wasn't part of the original law. A statute added it in 2014. It occurs when someone in the United States deliberately hires a foreign person by deceiving them about the veracity of the employment.
U.S. immigration law allows foreign citizens who have obtained U nonimmigrant status (U visa) to apply for permanent residence, but they must meet some additional requirements, including having lived in the United States for three years since receiving the U visa.
The victim's children, parents, siblings, and spouse will also be eligible to apply for permanent residence as long as they meet the requirements.
To be eligible for a U visa , a person who has been a victim of a crime must:
- Demonstrate that you were the victim of a criminal act.
- Having suffered serious physical or mental abuse as a result of the crime.
- Be willing to provide truthful information related to the crime and cooperate in its investigation and prosecution.
- Obtain a Law Enforcement Certification confirming your victim status and your cooperation in the case. This certification is a crucial step and must be signed by an official from an investigative agency.
Benefits of a U visa include legal status in the United States , the ability to apply for a Social Security number , the freedom to work multiple jobs, and a four-year validity period . After three years , U visa holders can apply for permanent residence in the United States.
If you need help with the U visa or Law Enforcement Certification application process, please don't hesitate to contact us for high-quality legal advice.