There are times when we, or those we love or know, are victims of crimes. Sadly, this happens to individuals of all walks of life including, those without any status in the United States. In an effort to assist those without status to assist in the prosecution of crimes, Congress created the U nonimmigrant visa.
The U Visa is intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of certain crimes including domestic violence, sexual assault, felonious assault, witness tampering, and various other criminal acts. This visa also protects victims of crimes who have suffered substantial mental or physical abuse due to the crime and are willing to help law enforcement authorities in the investigation or prosecution of the criminal activity. The legislation also helps law enforcement agencies to better serve victims of crimes. By assisting law enforcement, not only are you bettering your community, but you may also be assisted with your immigration status.
The legal requirements for U visa classification are outlined in INA §101(a)(15)(U) and indicate that the classification is available to individuals that can provide sufficient evidence that they:
(a) have suffered substantial physical or mental abuse as a result of having been a victim of “qualifying criminal activity;”
(b) possess credible and reliable information establishing that he or she has knowledge of the details concerning the criminal activity;
(c) have been helpful, are being helpful, or are likely to be helpful to a certifying agency in the investigation or prosecution of the criminal activity; and
(d) the criminal activity occurred in the United States.
Those who receive U visas, can also include their spouse and/or children on their request for status as well. Also, U visa holders may be eligible to apply for a Green Card if they meet certain requirements. If you, or someone you know, believe you are eligible for U Status, it is best to speak with a legal representative to explore your options.
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