The U nonimmigrant status (U visa) is set aside for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity. Congress created the U nonimmigrant visa with the passage of the Victims of Trafficking and Violence Protection Act (including the Battered Immigrant Women’s Protection Act) in October 2000. The legislation was intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, trafficking of aliens, and other crimes, while also protecting 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.
You may be eligible for a U nonimmigrant visa if:
Hear from our attorney on how you can apply for a U-Visa non immigrant status and what documents are required.
No, the U Visa is available regardless of your legal status or how you entered the Unites Sta
2. Is any type of crime eligible for a U Visa?
Not every crime is eligible for a U Visa.The Immigration Service (USCIS) has a specific list of crimes that qualify for U Visa, however, the USCIS will generally give benefits to victims of crimes that either directly or indirectly involve some form of violence. Some of the crimes that qualify are: domestic violence, sexual assault, human trafficking, obstruction of justice or witness tampering, kidnapping, extortion, felonious assault, and the solicitation to commit any of these crimes, among others.
3. Should the victim cooperate with the Government to be eligible for a U Visa?
Yes. One of the requirements of eligibility for a U Visa is that the victim must demonstrate that he/she provided information to the law enforcement agency or the court which is investigating the crime or that the assistance was not unreasonably withheld.
The government does not have to initiate, proceed with, or complete a criminal case in order for a victim to be able to apply for a U Visa.
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