U-Visa: Important Facts About Immigration Benefits Available to Victims of Certain Crimes
An individual who was a victim of a crime in the United States and has cooperated with law enforcement during the investigation may be eligible to apply for a U-Visa to obtain lawful status. The U Nonimmigrant Visa was created when Congress passed the Victims of Trafficking and Violence Protection Act (VTVPA) in 2000 and the humanitarian purpose was to afford protection to victims of certain serious and violent crimes while encouraging victims without legal status to report crimes to the police. Its purpose was also to enhance law enforcement’s ability to investigate and prosecute crimes.
Applicants who meet the eligibility requirements for the U-Visa can take advantage of major benefits including lawful status for up to four years, authorization to work in the United States during that time, the ability to provide the same status and benefits to derivative family members, and the opportunity to apply for permanent residency after three years through adjustment of status. To be eligible, the applicant:
- Must have been a victim of a qualifying criminal activity and have suffered substantial physical or mental abuse as a result;
- Must possess knowledge or information about the incident; the applicant must have been or must be helpful or is likely to be helpful in the investigation of the incident; and
- The crime must have violated local, state, or federal law, or occurred in the United States.
So what are qualifying criminal activities for U-Visa eligibility purposes? The list below provides some examples of qualifying criminal activities, but it is important to note that this list is not exhaustive and there are many other crimes out there that may qualify if they are substantially similar to the ones listed below:
- Domestic violence
- Rape
- Sexual assault
- Felonious assault
- Murder
- Manslaughter
- Trafficking
- False imprisonment
- Involuntary servitude
- Kidnapping
- Abduction
- Sexual exploitation
- Forced prostitution
- Being held hostage
- Torture
- Female genital mutilation
- Incest
- Extortion
- Blackmail
- Stalking
The application process requires the applicant to submit a completed Form I-918, Petition for U Nonimmigrant Status, and the Supplement B Certification form signed by law enforcement or government official who is overseeing the investigation. The submission of the Petition must be supported by evidence and documents proving the criminal incident such as a police report, witness statements, hospital or medical records, photos, or therapist evaluations, etc. The supporting evidence must prove that the victim suffered substantial physical, psychological, or emotional abuse that has resulted in severe and long-lasting trauma or scars. There are additional forms that can be included with the Petition such as the application to request work authorization and the Supplement A form to include any derivative family members.
Perhaps the most important form necessary to begin the U-Visa application process is the Supplement B Certification which certifies that the applicant was indeed a victim of a qualifying criminal activity and he or she has been helpful and cooperative in the investigation or prosecution. Without this form, one cannot proceed with the U-Visa process. The certification form must be completed and signed by an official who has the authority to certify the Supplement B form and has knowledge about the applicant’s assistance in the investigation. It is important to emphasize that the certification form is only valid for 180 days after the document was signed. Therefore, the certification must be submitted with the application package to the government as soon as possible before the certification expires. If the certification expires after 180 days have passed, the applicant must obtain a newly executed Supplement B form from the law enforcement or government agency all over again.
In addition, for U-Visa eligibility, the applicant must not be “inadmissible” to the United States and must not be barred from entry due to factors such as multiple serious criminal convictions, immigration violations, certain medical conditions, or any other reason affecting an individual’s moral character. There are inadmissibility waivers that can be filed to waive or cure such problems if the individual qualifies for a waiver. Applicants who are concerned about their eligibility for a U-Visa should discuss their specific situation with an experienced Immigration Attorney before proceeding with their applications. Individuals who have previously received orders of deportation or removal from the Immigration Court or are currently in removal proceedings may still apply for a U-Visa if they have met all other eligibility requirements as well.
What is so great about the U-Visa category is that it is a path to permanent residency and even citizenship for many who qualify. Those who have been granted a U-Visa may be eligible to adjust their status to become lawful permanent residents (LPRs) after 3 years of being U-Visa beneficiaries and meeting other eligibility requirements including continuous physical presence in the United States. Derivative family members may also be included in the process. So if the above information applies to you or someone you know, then there may be immigration relief on the horizon and a way to obtain legal status via the U-Visa process. If you are eligible, then don’t hesitate. The time to act is now!
POSTED BY: DreamVista Advocates, P.C.
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