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Learn About Immigration Law

U Visa

Posted by Kelvin Rosado | Sep 04, 2022

The U nonimmigrant status (U visa) is available 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 noncitizens 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. 

Eligibility for U Visa

You may be eligible for a U nonimmigrant visa if:

  1. You are the victim of qualifying criminal activity in the US.
  2. You have suffered substantial physical or mental abuse as a result of having been a victim of criminal activity.
  3. You have information about the criminal activity. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may possess the information about the crime on your behalf.
  4. 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.
  5. The crime occurred in the United States or violated U.S. laws.

Qualifying Criminal Activities

Any of the following crimes, or the attempt of those crimes, could be considered by the law enforcement agencies and the USCIS for purposes of U Visa:

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*†

*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.

About the Author

Kelvin Rosado

Abogado Kelvin Rosado

Disclaimer

This website and its content is solely for informational purposes only and not intended as legal advice. In some jurisdictions may constitute attorney advertising. No attorney-client relationship is created in this website or with a consultation, unless a properly executed agreement and a retainer for a specific matter has been paid. Attorney Kelvin Rosado. PR/MD. US Limited to INA.

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