Many of my potential clients will call and ask whether or not they qualify for a U-Visa. They have been a victim of a crime in the past and called the police. They made a report and described the assailant against them. They are willing to testify. Is this enough?
What Is a U-Visa?
As is written on the USCIS (United States Citizenship and Immigration Services) website:
"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."
So, to be clear. Not ALL crimes qualify for a U-Visa. This list from USCIS is the following:
- Abduction
- Abusive Sexual Contact
- Blackmail
- Domestic Violence
- Extortion
- False Imprisonment
- Female Genital Mutilation
- Felonious Assault
- Fraud in Foreign Labor Contracting
- Hostage
- Incest/Involuntary Servitude
- Kidnapping
- Manslaughter
- Murder
- Obstruction of Justice
- Peonage
- Perjury
- Prostitution
- Rape
- Sexual Assault
- Sexual ExploitationSlave Trade
- Stalking
- Torture
- Trafficking
- Witness Tampering
- Unlawful Criminal Restraint
- Other Related Crimes*†
*Includes any similar activity where the elements of the crime are substantially similar.
†Also includes attempt, conspiracy, or solicitation to commit any of the above and other related crimes.
An Experienced Immigration Lawyer Can Help
So. Does your crime qualify? Often, as lawyers, we are able to match the crime that happened AGAINST you with the statutory crime outlined in the U Visa application. THAT is why it is important to contact us immediately at 225-478-1111 to help you with your U Visa application.
We've been able to help some clients who were victims of crimes many years ago. Time does not matter. What matters is that you are a "victim(s) 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." Call us today or fill out the form below.
- David J. Rozas
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