U-visas for crime victims assisting law enforcement
The U Visa for Victims of Crime
The U nonimmigrant visa (U Visa) is a form of immigration relief for non-citizens who have been victims of certain serious crimes in the United States. These victims must have suffered substantial physical or mental abuse as a result. It provides a potential path to legal status for those who cooperate with law enforcement in the investigation or prosecution of the criminal activity.
Key Features of the U Visa:
- Qualifying Crimes: The visa is available to victims of a specific list of crimes. An experienced attorney can sometimes help argue that a crime not explicitly listed fits within one of the qualifying categories.
- Law Enforcement Certification: A crucial part of the application is obtaining a certification from a law enforcement agency. This could be the police or a prosecutor’s office. This certification confirms that the applicant was a victim and was helpful in the investigation.
- Annual Cap: The U.S. government issues a maximum of 10,000 U Visas per year.
- Path to Residency: After maintaining continuous presence in the U.S. for three years on a U Visa, a holder may be eligible to apply for lawful permanent residence (a green card).
- Waivers and Derivatives: The U Visa is notable for its broad waivers, which can forgive issues that would normally make a person ineligible for a visa. These can include a prior deportation order or illegal re-entry. It also allows victims to petition for qualifying family members (derivatives).
Because of the complex requirements, victims of crimes seeking this form of relief often consult with an experienced immigration attorney to navigate the process.
