Are you the victim of a crime? Do you qualify for a U Visa?
April Perez • March 4, 2022
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The U nonimmigrant Status (U Visa)
is 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.
Broken down into parts you might be eligible if you meet all of the following criteria:
- Be the victim of a qualifying crime
- Have suffered substantial physical or mental abuse as a result of the criminal activity
- You must have information about the criminal activity
- You were helpful, are helpful or are likely to be helpful to law enforcement in the investigation or prosecution of the crime
- The crime must have occurred in the United States or violated U.S. laws
- You are admissible to the U.S. If you are not admissible you can apply for a waiver
In order to begin the process of trying to apply for a U visa you need to be able to obtain Form I-918 Supplement B U Nonimmigrant Status Certification. This form is a certification signed by an authorized official of the certifying law enforcement agency that confirms that you were helpful, are currently being helpful, or will likely be helpful in the investigation or prosecution of the case. This document is extremely important and without it there is no basis for filing the case. The U Visa Category was created to help law enforcement investigate and prosecute certain criminal cases and protect those who have suffered as victims of these crimes, which is why you must be able to obtain this document. If you are able to obtain the certification then you must work closely with your attorney to prepare the additional forms and documents to file your petition.
One of the documents that should also be included in your application is a personal statement from you describing the criminal activity and how it has affected you. This can be especially difficult for victims of crimes, having to relive in some cases a very traumatic experience. But it is important that you give the officer who reads your case as many specific details as possible to give them a full understanding of the physical and mental effects of what was done to you. The statement is an opportunity for you to tell your story on a personal level, not just what is written in a police report.
Other evidence such as medical reports, psychological reports and sometimes photographs can also be helpful evidence for your case. In the end this is all to prove that you are eligible and deserving of a U visa that can possibly later lead to a green card.
If you have been a victim of a crime, you can contact our office to see if there is a possibility of applying for a U-Visa.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
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