Shutterstock Vinokurov Kirill
There are certain specific immigration options for individuals who have been victims of crime within the United States. The U nonimmigrant status (U Visa) is specifically for victims of certain crimes who are able/were able to help with the investigation or prosecution conducted by law enforcement or other government officials.
Overview of a U Visa
In October of 2000, Congress established the U nonimmigrant visa through passing the Victims of Trafficking and Violence Protection Act. This important piece of legislation was put in place to help law enforcement agencies investigate and prosecute crimes while also protecting crime victims who suffered mental or physical abuse because of the crime. These victims may experience reluctance in helping law enforcement officials in the investigation and prosecution of criminal activity for a number of reasons. The establishment of the U visa was to help encourage victims to help government officials without living in fear of being deported.
A person qualifies for a U visa if the person is/was:
• Is the victim of a qualifying criminal activity.
• Possesses valuable information regarding criminal activity; and
• Is, was, or may be helpful in the investigation or prosecution of the criminal activity.
Some qualifying criminal activity includes:
• Abduction
• Extortion (blackmail)
• Domestic violence
• Extortion
• False imprisonment
• Involuntary servitude
• Kidnapping
• Manslaughter
• Perjury
• Prostitution
• Sexual assault
• Torture
If the victim of the qualifying criminal activity is under 16 years of age or otherwise unable to provide the information due to disability, a parent, guardian, or another qualifying individual may provide the information on his or her behalf. The victim can also obtain an immigration benefit for certain qualifying family members.
A person granted a U visa may receive temporary immigration status as well as work authorization. A U visa also makes lawful permanent resident status a possibility. If you, or anyone you know, does not have legal status, and has been a victim of a crime, within the United States, consult with an immigration attorney who can assist you with a legal consultation. Every case is fact specific, so it is vital to seek a consultation with an attorney.
By: Laura Talamantes
Talamantes Immigration Law Firm, APC
272 Church Ave | Suite 2 | Chula Vista, CA 91910
T. 619.606.3616| F. 619.289.9710| www.lauraimmigration.com
