Victim of a Qualifying Crime (U Visa)

VAWA

We are always saddened to hear when potential clients call us 10 or 15 years after they suffered a traumatizing crime committed against them, and never knew that they could have gotten a green card from it.  Although there is no specific time limit between the time that the crime occurred and applying for a U visa, the shorter the gap, the stronger the case.  Also, the sooner you apply after the crime occurs, the more likely that you will be able to obtain documents that could greatly strengthen your case.  USCIS grants U status to those who have been a victim of a “qualifying crime” and have suffered substantial physical or mental abuse as a result.

Our goal here is to educate you about a form of relief, called the “U visa.”  There are several things to know about the U visa. First, if you entered without inspection (illegally), you can still apply, but will need to request a “waiver.”  Second, U visas can take at least five (5) years (possibly even 10 years) to be approved, but while the case is pending, you are given “Deferred Action,” which is a temporary status to keep you out of deportation. One huge benefit is that it allows you to apply for a work permit (EAD) and social security card.  Other benefits include family members (spouses, children, parents and siblings) being able to be included in the U visa application and being eligible even if you are in removal proceedings. The BIGGEST benefit of all is that after the U visa has been approved, and you have held U visa status for three (3) years, you may apply for permanent residence (a green card).  Only 10,000 U visas are approved each year.  If the quota is full when USCIS adjudicates your U visa case, USCIS will add you to a waitlist, but in the meantime, your deferred action status will continue and you may continue to extend your work permit.  When the quota opens, USCIS will mail the approval notice.  

For many temporary benefits like Temporary Protected Status (TPS) or DACA (Deferred Action for Childhood Arrivals), a conviction can result in a denial of your application.  Similarly, for the U visa, you must prove that you are not a danger to the community or a security threat, and have never been convicted of any crime (inside or outside of the US). If you have been convicted of a crime, it may affect your chances of being approved for a U visa and for the green card.

To qualify for the U visa, the victim of the crime must fulfill several criteria:

  • You are the victim of a “qualifying” criminal activity.  Not every crime qualifies for a U visa. The qualifying crimes include:

Abduction
Domestic Violence
False Imprisonment
Felonious Assault
Hostage
Involuntary Servitude
Manslaughter
Obstruction of Justice
Perjury
Rape
Sexual Exploitation
Stalking
Trafficking
Unlawful Criminal Restraint

Abusive Sexual Contact
Extortion
Female Genital Mutilation
Fraud in Foreign Labor Contracting
Incest
Kidnapping
Murder
Peonage
Prostitution
Sexual Assault
Slave Trade
Torture
Witness Tampering
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.

  • You have suffered substantial physical or mental abuse as a result of having been a victim of that criminal activity.  We have two different psychologists who have won many, if not all, of our cases; detailed psychological evaluations are the key to proving mental harm.
  • 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.  Usually a police report is filed and this a necessary document that we submit in every case.
  • 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.  Most often filing a police report is one way to prove this but an even better way is to testify in court!
  • The crime occurred in the United States or violated U.S. laws.
  • You are admissible to the United States. If you are inadmissible, you may apply for a “waiver”. If you entered the US illegally (without inspection) in the waiver you will need to explain why you entered without inspection.  

Sounds pretty straightforward, right?  Well, there’s one snag here.  Unlike any other immigration application, the U visa requires an authorized official of a law enforcement agency, which requires the official to confirm that you were helpful in prosecuting the case.

Often, we are told that although a police report was filed, the suspect was never caught so criminal charges were never brought against anyone.   We can still win a case like this as long as we prove that you were “helplful” in bringing the person to justice.  Sometimes, a foreign national doesn’t seek medical treatment which means that there isn’t a medical report.  The case can still be won if we can prove “mental” abuse.  In many cases, more than a year has passed since the crime occurred.  Again, it is still possible to win a U visa case even though we file many years after the crime as long as we can show that you suffered substantial physical or mental abuse as a result of the criminal activity.

Not sure if you qualify for the U visa, and want to learn more?  Please contact us for a consultation.  We look forward to helping you.