Understanding U-Visa for Victims of Crime

December 20, 2023

Being a victim of a crime is a traumatic experience for anyone. It can be an even more distressing experience for non-citizens residing in the United States. Victims of crimes who are not citizens or lawful permanent residents might feel reluctant to report these crimes to law enforcement agencies for fear of deportation. This is where U-Visa can help. U-Visa is a non-immigrant visa granted to non-citizen victims of qualifying crimes who have suffered substantial mental or physical abuse due to the crime and have assisted, or are willing to assist law enforcement agencies in investigating or prosecuting the criminal case.



U-Visa is a temporary visa that can be granted to an individual who can establish their status as a qualifying crime victim. To be eligible for the visa, the victim must be physically present in the United States and must have suffered mental or physical abuse due to the qualifying crime. The crime must have been reported to law enforcement and the victim must be willing to assist law enforcement agencies in the investigation or prosecution of the crime.


Qualifying crimes for U-Visa include domestic violence, sexual assault, trafficking, abduction, torture, and certain other crimes such as felonious assault, manslaughter, extortion, and witness tampering. However, it is essential to note that not all crimes can qualify and the victim must work closely with law enforcement agencies to establish the crime's qualifying criteria.


U-Visa holders can stay in the United States for up to four years, and eligible U-visa holders can apply for an adjustment of status, thereby obtaining lawful permanent residency. Additionally, U-Visa holders can obtain work authorization and travel out of the country, subject to other immigration law requirements.


The U-Visa application process involves a multi-step process, where the applicant has to submit several forms and evidence along with the U-visa certification from the law enforcement agency. Since the demand for U-visas' availability exceeds the limited number of visas issued in a given year, many applicants have to wait for years to receive a visa. 


As a legal professional, I have seen firsthand the benefits of U-Visa for qualifying crime victims. It provides a path for non-citizen victims of qualifying crimes to come forward with their victimization and seek legal redress. The U-Visa program has helped law enforcement to bring criminals to justice and has allowed non-citizen victims to remain safely in the country without fear of deportation. If you or someone you know has been a victim of a qualifying crime and needs legal assistance, consider consulting with an experienced immigration attorney who can guide you through the U-Visa application process.

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