What is a U Visa?
The U Visa was created by the Victims of Trafficking and Violence Prevention Act, enacted in October 2000. It is available to noncitizens who 1) have suffered substantial physical or mental abuse resulting from a wide range of criminal activity, and 2) have been helpful, are being helpful or are likely to be helpful with the investigation or prosecution of the crime. The U Visa provides eligible immigrants with authorized stay in the United States and employment authorization.
Who is eligible to apply for a U Visa?
Victims of a broad range of criminal activity listed in the legislation may qualify for U Visas. Many of these victims will be women and children and include victims of domestic violence, nannies subjected to abuse from their employers, trafficking victims, and victims of rape in the workplace.
If you are already participating in removal (deportation) proceedings, you can still apply for a U Visa.
To qualify for a U Visa, you must show:
- that you have suffered "substantial physical or mental abuse" as the result of one of the following forms of criminal activity (or "similar" activity) conducted in the US:
- rape; torture; trafficking; incest; domestic violence; sexual assault; abusive sexual contact; prostitution; sexual exploitation; female genital mutilation; being held hostage; peonage; involuntary servitude; slave trade; kidnapping; abduction; unlawful criminal restraint; false imprisonment; blackmail; extortion; manslaughter; murder; felonious assault; witness tampering; obstruction of justice; perjury; or attempt, conspiracy, or solicitation to commit any of the above mentioned crimes.
- that you possess information concerning the criminal activity;
- that you can provide a certification that states that you are being, have been, or are likely to be helpful to the investigation or prosecution of the criminal activity (This certification must come from a federal, state, or local law enforcement official, prosecutor, judge, or authority that is investigating the criminal activity.); and
- That the criminal activity violated US law or occurred in the United States (including Indian country and military installations) or the territories and possessions of the United States.
Judges are well qualified to provide the certification that you will need to obtain this protection. Certifications also may provide information on the mental or physical abuse you have suffered. They may also state that you possess information concerning the criminal activity.
What are the benefits of a U Visa?
- Approved U Visa petitioners will be granted temporary legal status and work authorization. After three years, you will be eligible to apply for lawful permanent resident status. Be aware that U Visa holders can remain in the US for a period up to 4 years with a possible extension in certain cases.
- The Secretary of Homeland Security and other government officials must provide U Visa holders referrals to nongovernmental organizations which can advise you of options while in the United States and resources available to you.
Up to 10,000 U Visas will be available each year for eligible applicants. Once the cap of 10,000 per year is reached, victims requesting U Visa applications will be placed in a consecutive waitlist and will be issued deferred action (victims are no longer eligible for deportation). Although there are no caps for family members, The Department of Homeland Security (DHS) will not approve a family member until the primary U Visa petitioner’s petition is approved.
For additional information please visit www.Womenslaw.org
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