U visa status (also known as U nonimmigrant status) was created by the Victims of Trafficking and Violence Protection Act of 2000. It is designed to provide lawful status to noncitizen crime victims who have assisted, are assisting, or are willing to assist the authorities in investigating or prosecuting crimes that were committed against them.* The main purpose of the U visa is to encourage undocumented crime victims to help law enforcement investigate and prosecute crimes without fear of being deported.
The U visa status may be available to victims of domestic violence crimes, stalking, sexual assault or victims of certain other crimes (which can be crimes that have nothing to do with domestic abuse).
Who is Eligible?
A U visa is available to any immigrant in the United States who has been the victim of a crime. The primary requirement is that the crime victim cooperates with the police or other authorities by reporting the crime and following up with the law enforcement, if so requested. In addition, the victim must have suffered emotional or physical damage as a result of the crime.
What Qualifies as a Crime?
What is important to understand about the U visa is that it applies to much more than just domestic violence or other violence by a US citizen family member. Rather, it applies to any serious crime committed against someone, including some nonviolent crimes, and even in situations where the person who committed the crime is unknown and is not caught by the police.
Other qualifying crimes include, but are not limited to:
- blackmail,
- perjury,
- involuntary servitude,
- murder,
- sexual assault,
- torture,
- obstruction of justice,
- and false imprisonment.
The U-Visa Application Process
U visas can be very challenging to apply for. It requires a number of different forms, supporting documents, evidence, etc. Sometimes, we advise our clients to get a three- to five-page psychosocial report from a therapist or counselor to explain how they have suffered emotional damage from the crime committed against them.
It is strongly advised that you seek the advice of an immigration attorney to help you throughout the process of gathering important documents and filing your U visa application. Sometimes, it is difficult for someone to get their own police report – especially if the crime occurred many years ago – and it can be difficult to have the police sign the documents that are required for your application. I will help you understand the filing process and will work to ensure that you achieve the best possible outcome for your situation. Call for a free Consultation (918) 973-0095.