Immigration Options for Victims of Crime: The U Visa
U visas are available for victims of certain crimes, as well as for family members of the victim. There are many benefits available to U visa recipients, including the ability to qualify for a work permit and potential eligibility for Legal Permanent Residency (also known as a “green card”). It is important to know that not all crimes meet the requirements for U visa eligibility:
QUALIFYING CRIMINAL ACTIVITIES
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 Exploitation
Slave Trade
Stalking
Torture
Trafficking
Witness Tampering
Unlawful Criminal Restraint
Other Related Crimes
In order to qualify, the victim must have experienced physical or mental abuse as a result of the crime. They must also have information about the crime and help or be willing to help law enforcement investigate or prosecute the criminal. The crime must have occurred in the U.S. or violated U.S. law.
Because Congress set yearly limits on the number of U visas that can be approve, there is currently a long wait list. Under this backlog, U visa applicants typically had to wait upwards of 4 years for a decision. Thankfully, in June of 2021 USCIS announced a policy change that will allow them to issue work permits for a 4-year period while people await an approval of their U visa.
As with any immigration issues, it is always important to speak to an experienced attorney. The facts of each individual case can affect eligibility.
(The information in this article is (a) provided for general informational purposes only, (b) is not provided in the course of and does not create or constitute an attorney-client relationship, (c) is not intended as a solicitation, (d) is not intended to convey or constitute legal advice, and (e) is not a substitute for obtaining legal advice from a qualified attorney. You should not act upon any such information without first seeking qualified professional counsel on your specific matter.)