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.