If you have been the victim of a qualifying crime, have cooperated with law enforcement, and have suffered harm as a result of the crime, you may be eligible for a U Visa. Additionally, you may be able to include your family member in your U Visa application even if your family member was not a victim of a crime.
Victim of Crime
- You must have been a victim of a qualifying crime. Examples of qualifying crimes are domestic violence, felony assault, or sex abuse. The full list is printed below. If your crime is not listed below, you may still be eligible if you have been convicted of a similar crime.
- “rape; torture; trafficking; incest; domes-tic violence; sexual assault; abusive sexual contact; prostitution; sexual exploitation; stalking; female genital mutilation; being held hostage; peonage; involuntary servitude; slave trade; kidnapping; abduction; unlawful criminal restraint; false imprison-ment; blackmail; extortion; manslaughter; murder; felonious assault; witness tampering; obstruction of justice; perjury; fraud in foreign labor contracting."
Cooperation with Law Enforcement
- You must have cooperated with investigation or prosecution of the crime. An example of cooperating with investigation is agreeing to answer police officers' questions at the scene of the crime. An example of cooperating with prosecution is agreeing to testify in court. There are many other ways to cooperate with police and the prosecution including but not limited to calling 911, identifying suspects, or giving a written or recorded statement.
Mental or Physical Harm
- You must have suffered harm as a result of the criminal activity. The harm that you suffer can be physical or mental.
- Example of suffering by physical harm: If you were stabbed, you would have suffered as a result of physical harm. (This would likely be documented by hospital records or something similar).
- Example of suffering by mental harm: If someone attempted to stab you with a knife, but was unable to, you might be extremely fearful of future harm and unable to live your life as you did before. (This would likely be documented by a psychologist or social worker's report).
If you have been the victim of a crime, you may be eligible for a U Visa. A U Visa often gives you work authorization, and after some time may convert into lawful permanent residence.
Also, you may be eligible for a U Visa even if you have been previously removed from the United States, or have been convicted or a crime yourself. That makes a U Visa an excellent option for those who are not in removal proceedings and want legal status, or those who are in removal proceedings and want to fight their removal or deportation.
Call our office today to discuss your U Visa application.