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U Visas: Victims of Crimes

By: Jonathan N. Portner
Sameer Sidh
March 26, 2009

In most cases, illegal entry into the U.S. will prevent any possibility of gaining a valid non-immigrant visa or permanent resident status.  The U visa is one exception to this rule. Created in 2000 by the Victims of Trafficking and Violence Protection Act, the U visa provides a path for victims of serious crimes to attain legal status in the U.S. regardless of whether they entered the U.S. illegally or if their current visa has expired. 

U visa applicants must meet several specific requirements in order to successfully gain legal status.  First, the applicant must show that they have suffered substantial physical or mental abuse as a result of criminal activity.  Only certain types of crime will qualify an individual for a U visa.  Generally, the applicant must be the victim of a crime that is violent or sexual in nature. 
Second, the applicant must possess knowledge concerning the criminal activity that they were the victim of.  This requirement is usually met with relative ease, as victims of crime are likely to be in a position to have knowledge of the criminal act inflicted upon them.  Third, the applicant must have been helpful or is willing to be helpful to law enforcement officials in their investigation of the criminal activity.  The major motivation of the U.S. government in creating the U visa was encourage cooperation with law enforcement.  The U visa achieves this goal by rewarding aliens who cooperate with law enforcement with legal status in the U.S.  The final requirement that must be met is that the criminal act committed against the applicant must have occurred within U.S. territory. 

One major benefit of the U visa is that certain family members of the applicant may gain legal status through their relative.  Which family members can gain legal status through their relative depends on the age of the applicant on the day that the U visa application is filed.  If the applicant is 21 years old and above, then the spouse and children of the applicant may gain legal status through their relative.  If the applicant is under 21 years old, then the applicant’s parents, spouse and children may gain status through their relative, as well as any unmarried siblings of the applicant that are under the age of 18.

Until recently, U visa holders could not apply for permanent residence based on their U visa status.  However, an interim final rule issued by the Department of Homeland Security on December 8, 2008 now allows U visa holders to become green card holders based on their U visa status.  Under the new rule, a U visa holder may apply to adjust their status if they have maintained continuous residence in the U.S. for three years prior to filing their application.  The implementation of this new rule has created an opportunity for thousands of visa holders to obtain a green cards where they weren’t able to before.
If you have been the victim of a crime and believe you may be eligible for a U visa, contact an experienced immigration attorney to help steer you through the process.