APPLICATION U-VISA
U visas for crime victims, can be used by any victim of a crime to apply for status with the Immigration Service in case they can prove that they were injured because of a crime that occurred in the United States and there was cooperation with the authorities of this country in the attempt to arrest or pursue the aggressor. In 2000, Congress authorized U Nonimmigrant status in the Protection Act known as “Victims of Trafficking and Violence.”
The goal of this legislation is to promote law enforcement in immigrant communities. The Visa was created to “strengthen the ability of law enforcement agencies to detect, investigate, and prosecute cases of domestic violence, sexual assault, immigrant trafficking, and other crimes… while offering protection to victims of the aforementioned crimes to defend the humanitarian interests of the United States. This Visa will help law enforcement officers to collaborate with those immigrant victims of crimes, and thus also to prosecute those crimes committed against foreigners.
The typical Visa U crime will involve a case of domestic or sexual violence against a woman who will hesitate to contact authorities to report the abuser for fear of contact with law enforcement agencies. U Visas were created in part to protect those most vulnerable victims of immigrant communities.
To qualify for a U Visa, a person must demonstrate: – that they have suffered substantial physical or mental abuse as a result of being a victim of criminal activity in the United States; – that this person possesses information related to criminal activity; – the person has been of assistance to an officer of a federal, state, or local law enforcement agency, including the Police Department or Prosecutor’s Office investigating the crime.
The applicant must have suffered “substantial” harm as a result of the crime, although the crime may be physical or emotional. To apply for a U Visa, the immigrant will need to obtain certification that a crime has existed and that he or she has cooperated with law enforcement authorities or the prosecutor in the investigation of the crime. An immigrant can qualify for this class of visas even if they do not have documents.
Congress passed this law along with the possibility of asking for a pardon for those cases of inadmissible immigrants that apply by U status.
After three years, a U Visa holder is eligible to apply for Adjustment of Status if they were physically present in the United States for a continuous period of at least three years from obtaining the U Visa and the presence is justified on humanitarian grounds to secure family unity or is otherwise in the public interest. There are no limits on the number of U Visa Status Adjustments, but the Immigration Service has exclusive jurisdiction, and decisions cannot be reviewed by the Immigration Court. The U Visa is a useful tool for many women and men who can document that they were victims of a crime in the United States, in order to legalize their status.