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2. ABCs of Immigration Law: U Visas for Victims of Specific Crimes The U Visa allows temporary immigration benefits to crime victims willing to assist law enforcement with criminal investigations. In 2002, Congress passed the Victims of Trafficking and Violence Protection Act (VTVPA). The VTVPA created a special nonimmigrant classification designated as the U visa for victims of specific crimes. This article addresses the requirements and issues for potential U visa applicants. Is the U visa currently available? On September 5, 2007, the U.S. Citizenship and Immigration Services announced it would grant the temporary immigration benefits to certain victims of crimes who assist government officials in investigating or prosecuting the criminal activity. The interim final rule establishes procedures for applicants seeking U nonimmigrant status and will take effect 30 days after publication in the Federal Register. The "U" classification was created by Congress in the Victims of Trafficking and Violence Protection Act and offers not only protection and temporary benefits to alien victims but also bolsters law enforcement capabilities to investigate and prosecute criminal activity. Who is eligible for the U Visa? Currently, the U visa is available to those who meet all four basic requirements as follows: 1. Aliens who can show substantial suffering as the result of physical or mental abuse as a result of being the victim of certain criminal activity; 2. Aliens who possess information about that criminal activity; 3. Aliens who have been, or is being, or will be helpful or is likely to be helpful to Federal, State, or local authorities. 4. The criminal activity described violated the laws of the US and occurred in the What forms are required by the USCIS VSC for filing a U visa application?
Although no particular form is required for the U visa application, each application will require certain documentation depending on the nature of the case. Application cover letters should clearly state the applicant's basis for requesting the U visa and explain why each submitted document is relevant. The application should include a declaration by the applicant describing the abuse or criminal activity suffered by the applicant relevant to the U visa eligibility. The applicant must give all personal information such as personal identification, copies of passports, birth certificates (translated) and I-94 documents for all persons applying for both the U visa and the derivative U visa.
What forms of evidence are required by the USCIS VSC for determination of the U visa application?
The application must include law enforcement certification which can be obtained during the investigation or prosecution of the criminal activity. The certification must come from a Federal, State, or local law enforcement official, prosecutor, judge investigating or prosecuting the criminal activity. Since no official certification form exists, a letter or other form created by the applicant’s representative will be sufficient, but must be signed by the law enforcement official within the past six months and must include the following statements by the certifying official: · The person was a victim of a crime as listed in the VTVPA (listed above). · The crime must be identified. · Verification that the person is useful or likely to be useful in the investigation or the prosecution of the criminal activity. In cases involving substantial physical and/or mental abuse, the applicant include a personal declaration describing the abuse, photos documenting the abuse, medical reports, declarations by witnesses, law enforcement officials or medical officials, or any other evidence that documents the stated abuses suffered by the applicant.
Which USCIS field office accepts the U visa applications?
Due to prior inconsistencies in the determination of the U Visa, the
Can aliens who have been granted the U visa apply for work
Even though the U visa is not an immigrant status, the alien who has received deferred action may apply for work authorization by filing Form I-765, Application for Employment Authorization. Such authorization is subject to yearly review.
What is the duration of U status once eligibility for deferred action is found?
VSC officers will conduct interim reviews of the deferred action cases to determine if there has been any change in the circumstances of the case. Upon these reviews, VSC officers will determine whether U status should be continued or terminated.
What are the grounds for termination of the U status?
U status can be terminated for changes of circumstances in the case so that it no longer warrants deferred action. Furthermore, U status can be terminated for conduct or a condition that was not disclosed prior to issuance of relief. What happens if the U status is terminated?
Determinations of termination of the U Status cannot be appealed. Termination cancels the deferred action and revokes related work authorization. Can aliens in removal proceedings and with final removal orders apply for the U visa?
The VSC does not have jurisdiction to assess deferred action for individuals who in removal proceedings or who have final orders of removal.
Who is eligible for the derivative classification of the U visa?
To avoid extreme hardship, the VTVPA allows interim relief U status for applicants' spouses, children and parents of those U visa applicants under the age of 16. Applicants for the derivative status must provide certification from a government official that an investigation or prosecution would be harmed without the assistance of the derivative applicant. Those family members eligible for interim relief U status who are present in the United States must also demonstrate extreme hardship if removed. | |
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Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk. |
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