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Requirements to Qualify for a U Visa
Being a victim of a crime can have a major impact on your life. It can be hard to move forward or establish any sense of normalcy. It’s also possible that the person who perpetrated the crime against you could continue to use the situation to control you. The U visa was created through the Victims of Trafficking and Violence Protection Act in 2000 and established a way for crime victims to have their own independent status in the United States and be able to get out from under the control of the perpetrator. Find out what crimes may qualify you for U visa status as a victim and what other requirements you will need to meet.
What Are Qualifying Crimes for U Visa Status?
The United States Citizenship and Immigration Services Office provides an extensive list of qualifying crimes for a U visa. These crimes are generally serious violent crimes, involve trafficking, or are related to fraud or trying to manipulate the justice system, such as witness tampering or obstruction of justice. Any crime that a victim is using to attempt to qualify for a U visa must have occurred within the United States or violate a U.S. law. Below are examples of some of these crimes:
- Witness Tampering
- Unlawful Criminal Restraint
- Trafficking
- Torture
- Stalking
- Slave Trade
- Sexual Exploitation
- Sexual Assault
- Rape
- Prostitution
- Perjury
- Peonage
- Obstruction of Justice
- Murder
- Manslaughter
- Kidnapping
- Involuntary Servitude
- Incest
- Hostage
- Fraud in Foreign Labor Contracting
- Female Genital Mutilation
- Felonious Assault
- False Imprisonment
- Extortion
- Domestic Violence
- Blackmail
- Abusive Sexual Contact
- Abduction
Other similar crimes not listed here may still qualify, so discuss your situation with an immigration attorney if you aren’t sure. The attempt to commit one of these crimes or engaging in a conspiracy to commit one of these crimes may also qualify.
Are There Other Requirements for This Visa?
In addition to being a victim of a qualifying crime, there are other requirements to be eligible for a U visa. You must be able to show that you “suffered substantial physical or mental abuse as a result” of the crime. Some victims are hesitant to apply for this visa because they assume that their situation doesn’t meet this requirement, but you don’t necessarily have to have any official documentation or proof that you suffered in this manner. It is possible to apply for a U visa with a personal statement. However, the more documentation you can offer, the better. It’s always a good idea to talk with an experienced U visa attorney so you can get a better understanding of what you need for this piece of your application.
The other main requirement for a U visa is that you need to have information about the criminal activity and be willing to cooperate with authorities. This could include being interviewed by police, providing evidence, and even testifying if the case goes to trial. It’s normal to be worried that your cooperation with authorities could put you at risk, but there are procedures in place for this. Lastly, you must be otherwise admissible to the United States. If you believe there is something that could make you inadmissible, talk to your attorney about the possibility of applying for a waiver.
What Does Cooperating With Authorities Include?
As noted above, part of the eligibility requirements for a U visa are that you’re willing to cooperate with authorities. But what does this actually mean? The United States Citizenship and Immigration Services office offers the following definition:
“You were helpful, are helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may assist law enforcement on your behalf.”
At a bare minimum, cooperating with the authorities is going to include being willing to offer officers information about the crime and consent to interviews. You will likely have an initial meeting with investigators where they will ask you what information you have and why you believe it will be helpful to their case. You may be asked to have other interviews as the investigation continues and case progresses. You may be asked to identify those involved in the crime in a lineup or otherwise provide authorities with identifying information. If the investigation leads to an arrest and trial, you can be asked to testify as a witness.
It’s important to note that you will need a statement from an officer that you have been helpful and are willing to continue to be helpful with your application.
How Long Is a U Visa Valid For?
Once your U visa application has been approved and the visa granted, it is valid for 4 years. This can give you quite a bit of time to establish a new life and decide what you want your future to look like. This visa is also eligible for extension if there are delays in processing, investigators require your ongoing cooperation, or there are other exceptional circumstances. If you decide you want to remain in the United States, you can also apply for an adjustment of status to be considered for a Green Card. Your U visa will automatically be extended while your Green Card application is pending.
If you were a victim of a qualifying crime and have information about that crime that authorities could find helpful, call the Law Office of Elsy Segovia, P.C., to discuss the possibility of applying for a U visa. We help clients understand their immigration options and ensure they have experienced legal counsel on their side through every step of the process. Call our office at 973-313-5794 today.
