The U visa 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 are assisting or are willing to assist the authorities in investigating crimes.
The U nonimmigrant status covers a broad range of serious crimes. To qualify for a U visa status, you must be a victim or the victim of an attempt of one of the following felonies or any similar criminal activity:
- Abduction
- Abusive sexual contact
- Blackmail
- Domestic violence
- Extortion
- False imprisonment
- Felonious assault
- Female genital mutilation
- Hostage situations
- Incest
- Involuntary servitude
- Kidnapping
- Obstruction of justice
- Peonage
- Perjury
- Prostitution
Rape - Sexual assault
- Sexual exploitation
- Slave trade
- Torture
- Trafficking
- Unlawful criminal restraint
- Witness tampering
-Attempt, conspiracy or solicitation to commit any of these crimes
In addition, U visa regulations require that:
- he victim suffered substantial physical or mental abuse as a result of having been a victim of the crime.
- he victim has useful information concerning the crime which occurred.
- he victim has helped, or is likely to help, in the investigation or prosecution of the crime.
- he crime committed violated the laws of the United States or occurred in the United States.
An immigrant who is the victim of one of the crimes listed above must obtain a law enforcement certification from a federal, state, or local law enforcement agency.
U visa applicants also must show that they are “admissible” or that they qualify for a waiver of inadmissibility if they are not admissible because of a criminal conviction, fraud or misrepresentation or unlawful presence.
Certain family members can qualify for derivative U nonimmigrant status.
The Law Offices of Raul Ray will be happy to consult with you to determine whether you are eligible to apply for U nonimmigrant status.
For more information contact the Law Offices of Raul Ray at (408)279-5793.