U-Visa: Immigration Relief for Crime Victims

 

By: Susan Jost, Immmigration Attorney

Undocumented victims of crime present a particular problem for law enforcement. They are afraid to report crimes, are leery of dealing with law enforcement, and are often times afraid to go to court. In response to this reluctance, and to encourage victims of crime to come forward, the government has wisely decided that in some cases, public safety should trump immigration immigration violations.

The U Visa is a nonimmigrant visa, made available to non-citizen victims of certain crimes.  The U Visa is given for a maximum period of four years and is not renewable unless law enforcement officials certify that the victim’s presence is necessary to assist in the investigation or prosecution of criminal activity.  There is a limit of 10,000 U Visas issued each year.  After three years, a U Visa holder may apply for adjustment of status, which means they may apply for a green card without leaving the United States.  

 

Who is eligible for the U Visa?:  A U Visa applicant must prove:

 

1    That s/he was a victim of one of the following crimes: rape, torture, trafficking, incest, domestic violence, sexual assault, abusive sexual contact, prostitution, sexual exploitation, female genital mutilation, being held hostage, peonage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, blackmail, extortion, manslaughter, murder, felonious assault, witness tampering, obstruction of justice, perjury, or attempt, conspiracy, or solicitation to commit any of these crimes.

2    That s/he suffered substantial physical or mental abuse as a result of having been a victim of one of the above enumerated crimes.

3         S/he possesses information concerning the illegal activity.

4         S/he has been helpful or is likely to be helpful to law enforcement officials, prosecutors or judges.  A certification signed by one of these individuals, attesting to the victim’s helpfulness, must be included with the application.

5         The crime occurred in the U.S. or violated U.S. law.  The crime need not be committed by a U.S. citizen or lawful permanent resident of the U.S.

 

Certain family members of U Visa applicants may be included as derivatives of a U Visa application and do not count towards the 10,000 applicant limit.  If the principal applicant is over 21 years of age, his or her derivatives may include unmarried children under age 21 and spouses.  If the principal applicant is under 21 years old, derivatives may include unmarried children under age 21, spouses, parents and unmarried siblings under age 18.

 

How does one apply for the U Visa?

An applicant must file form I-918 with the USCIS Vermont Service Center.  There is no fee for filing this form.  However, there is an $80 biometrics fee associated with filing the form to cover fingerprinting.  Also, the applicant must also show that s/he is admissible pursuant to § 212 of the Immigration & Nationality Act.  If for some reason the applicant is inadmissible, waivers are available for almost all grounds of inadmissibility.  Form I-192 must accompany any such waiver.  The fee for this form is currently $545.

 

What benefits are associated with the U Visa?

Having a U Visa entitles a noncitizen to lawful status in the U.S. for up to four years, employment authorization, and may qualify him/her for adjustment of status - the ability to apply for a green card without leaving the United States for consular processing.

 

What should I do if I think I am eligible?

If you have been a victim of one of the crimes listed above contact an immigration lawyer to see if you qualify for a U Visa.  Susan Jost, an attorney at Harris Law Firm, is experienced with these kinds of cases.  Contact Information:

 

Susan H. Jost

Attorney, Harris Law Firm

165 SE 26^th Ave.

Hillsboro, OR 97123

503-648-4777

sjost@harrislawsite.com

Comments

[קעקועים]

The visa is granted for a maximum period of four years and not renewable, unless the police authorities to certify the presence of the victim is required to assist in the investigation or prosecution of criminal activity.