In the U.S., there are provisions for illegal immigrants who have been the victim of a crime but who wish to stay in the United States. By applying for a U-Visa, the immigrant can be free from deportation by helping law enforcement to bring the perpetrator to justice.
6 Requirements for U-Visa Applicants
In order to apply for a U-visa, the applicant must meet the following requirements:
- The applicant was victimized by a qualifying crime
- As a result of the qualifying crime, the applicant suffered mental or physical abuse
- The applicant is able to provide helpful information about the crime that occurred
- The offense occurred within the U.S. and violated U.S. laws
- The applicant must be able to provide information to aid law enforcement in investigating and prosecuting the crime
- The applicant must be admissible to the United States. If they are not admissible, they can seek out a waiver by filing out the Form I-192, Application for Advance Permission to Enter as a Non-Immigrant.
Qualifying Criminal Activity
Victims of the following types of crimes may qualify for U nonimmigrant status:
- Abusive Sexual Contact
- Domestic Violence
- False Imprisonment
- Female Genital Mutilation
- Felonious Assault
- Fraud in Foreign Labor Contracting
- Involuntary Servitude
- Obstruction of Justice
- Sexual Assault
- Sexual Exploitation
- Slave Trade
- Witness Tampering
- Unlawful Criminal Restraint
- Other Related Crimes
Including the Certification of Helpfulness
An applicant must fill out a certification of helpfulness, also known as a U Nonimmigrant Status Certification (Form I-918, Supplement B), which can be obtained at a certifying law enforcement agency. What is the purpose of this form? It denotes that the applicant is willing to, has been or is likely to provide information to law enforcement regarding the crime committed.
This certificate can be located at all certifying law enforcement agencies, including Federal, State and local law enforcement agencies, the Department of Labor, child protective services, judges, prosecutors, and the Equal Employment Opportunity Commission.
For more information about how Mathur Law Offices, P.C. can assist you with your immigration legal needs, call 888-867-5191 today!